Judicial decisions must be reasoned to uphold the rule of law and ensure transparency in the legal process.

ORDER :

1. The appellant-State of Uttar Pradesh has assailed the Judgment and Order dated 18th April, 2022 passed by the Division Bench of the High Court of Judicature at Allahabad in an intra court appeal¹ [Special Appeal No. 222 of 2022] directed against the common judgment and order dated 21st December, 2021 passed by the learned Single Judge in a batch of writ petitions. We have perused the impugned judgment and find that except for placing on record the case of the writ petitioners and the respondents followed by the findings returned by the learned Single Judge and the conclusions arrived at, on its own the Division Bench has not expressed its view on the issues raised before it. The judgment simply concludes with an observation that the Division Bench is in agreement with the approach and view of the learned Single Judge without furnishing any reasons therefor.

2. Ms. Garima Prashad, learned Additional Advocate General appearing for the appellants submits that there were various Government Orders² [For short ‘the G.Os.’] issued by the State of Uttar Pradesh including G.O. dated 11th December, 2020 that was brought to the notice of the Division Bench but has not been dealt with at all. She states that much water has flown under the bridge by now and there are further G.Os. and Circulars issued by the appellants which ought to have been taken into consideration and without any application of mind, the impugned judgment has been passed simply upholding the order passed by the learned Single Judge without dealing with the submissions made by the either side. She further states that in the meantime, in view of the order passed by this Court on 02nd September, 2022 when notice was issued and it was directed that there shall be a stay on the impugned order as well as any directions passed in the contempt petition during the pendency of the matter, which order was subsequently made absolute on 02nd May, 2023 with a clarification that the appointments made by the appellants will be subject to final orders in the appeal, the appellant-State has made subsequent appointments of teachers and is continuing to do so.

3. We are of the opinion that in the absence of any reasoning in the impugned judgment, the same cannot be sustained. In this regard, we are benefitted by the following observations made by this Court in CCT vs. Shukla and Bros., (2010) 4 SCC 785. The relevant paragraphs of the judgment are extracted herein-below:

“23. We are not venturing to comment upon the correctness or otherwise of the contentions of law raised before the High Court in the present petition, but it was certainly expected of the High Court to record some kind of reasons for rejecting the revision petition filed by the Department at the very threshold. A litigant has a legitimate expectation of knowing reasons for rejection of his claim/prayer. It is then alone, that a party would be in a position to challenge the order on appropriate grounds. Besides, this would be for the benefit of the higher or the appellate court. As arguments bring things hidden and obscure to the light of reasons, reasoned judgment where the law and factual matrix of the case is discussed, provides lucidity and foundation for conclusions or exercise of judicial discretion by the courts.

24. Reason is the very life of law. When the reason of a law once ceases, the law itself generally ceases (Wharton's Law Lexicon). Such is the significance of reasoning in any rule of law. Giving reasons furthers the cause of justice as well as avoids uncertainty. As a matter of fact it helps in the observance of law of precedent. Absence of reasons on the contrary essentially introduces an element of uncertainty, dissatisfaction and give entirely different dimensions to the questions of law raised before the higher/appellate courts. In our view, the court should provide its own grounds and reasons for rejecting claim/prayer of a party whether at the very threshold i.e. at admission stage or after regu