Any appointment de-hors the Rules or Regulations prescribed for the post cannot be termed as irregular but is illegal.

Abhilasha Kumari, J.

1. Learned advocate for the petitioner submits that by inadvertence, the Gujarat Educational Institutions Services Tribunal, Ahmedabad, has not been joined as a party respondent to the petition though it was intended to be joined as such, as is clear from the prayer clause at Paragraph-7(B) to the petition. He prays for permission to join the Tribunal as respondent No. 7. Permission to do so is granted. The necessary amendment be carried out forthwith.

2. By preferring this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the order dated 17.04.2015, passed by respondent No. 7 Gujarat Educational Institutions Services Tribunal, Ahmedabad ("the Tribunal") in Appeal No. 5 of 2014, as also the orders dated 09.07.2004 and 03.12.2004, passed by respondent No. 5 Commissioner, Mid-Day Meals and Schools, Government of Gujarat. A further prayer is made to direct respondent No. 1 Jyoti Vidhyamandir Trust ("the Trust"), to reinstate the petitioner in service with continuity and pay, with interest at the rate of 12% per annum.

3. The brief facts giving rise to the filing of the petition are that an advertisement was issued by respondent No. 1 Trust on 15.04.1992, inviting applications for two posts of Junior Clerk in the school run by it, by the name of Jyoti Vidhyamandir, Sola road, Ahmedabad. In response to the aforesaid advertisement, the petitioner applied for the said post on 21.04.1992. The petitioner was issued an interview call letter by respondent No. 1 Trust dated 18.05.1992, requiring him to be present at the interview that was to be held on 28.05.1992. On the date of the interview, the petitioner was interviewed by a duly constituted Selection Committee consisting of a representative of respondent No. 4 District Education Officer, Ahmedabad. The petitioner was found to be eligible for the post. The Selection Committee approved his name and the petitioner was granted appointment as Junior Clerk on the same day, vide the order dated 28.05.1992. Thereafter, as per the required procedure, the name of the petitioner was forwarded to the office of respondent No. 4, who accorded his approval on 17.08.1992. The petitioner joined service as a Junior Clerk under respondent No. 1 Trust with effect from 01.09.1992. The petitioner continued to serve on the said post for a period of twelve years.

4. It so transpired, that during the academic year 2004-05, an inspection of the school run by respondent No. 1 Trust was conducted by the State Government. Several irregularities were detected. It was also found that on the date when the petitioner had applied for the post of Junior Clerk on 21.04.1992 pursuant to the advertisement dated 15.04.1992, he had not attained the age of eighteen years, as his date of birth was 07.07.1974. The petitioner would have completed eighteen years only on 07.07.1992. Respondent No. 5, therefore, passed an order dated 09.07.2004, directing that the salary of the petitioner be stopped forthwith and the grant given to respondent No. 1 Trust towards the salary of the petitioner be cancelled from the initial date of appointment and the entire amount be recovered.

5. The petitioner, being aggrieved by the aforesaid order dated 09.07.2004, passed by respondent No. 5, preferred Special Civil Application No. 8970 of 2004 before this Court. By an order dated 08.10.2004, passed in the said petition, this Court (Coram: Hon'ble Mr. Justice M.R. Shah) granted permission to the petitioner to withdraw the petition, with liberty to move an appropriate application before the Commissioner for the reconsideration of the earlier decision regarding the recovery of the amount and the filing of a criminal complaint against the petitioner. Pursuant thereto, respondent No. 5 heard the petitioner and, by an order dated 03.12.2004, maintained the earlier position regarding the stoppage of the salary of the petitioner, the cancellation of the grant given to respondent No.