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IN THE HIGH COURT OF ALLAHABAD
O. P. Garg, J.
IFTKHAR ANSARI - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 7911 Of 1995
Decided On : 04/15/1998
WRIT - UTTAR PRADESH - APPOINTMENT OF URDU TRANSLATOR-CUM-JUNIOR CLERKS - CANCELLATION OF SELECTION LIST - ARBITRARINESS - VESTED RIGHT - NATURAL JUSTICE - APPOINTMENT ON THE BASIS OF SELECT LIST - EMPANELMENT - NO INDEFEASIBLE RIGHT TO APPOINTMENT.
Fact of the Case:
The State Government of Uttar Pradesh took a policy decision to provide employment to Urdu knowing persons by absorbing them on the post of Urdu Translator-cum-Junior Clerks in various departments of the State. A written test was held and a Select List of 58 candidates was published on 12.1.1995. Certain complaints of corruption and favouritism in the selection process were made to the State Government, which directed an enquiry. Based on the enquiry report, the State Government cancelled the entire selection and ordered fresh selection. Petitioners challenged the order cancelling the selection list and sought quashing of the same.
Finding of the Court:
The Court found that the order cancelling the selection list was passed without any justification and concrete evidence of malpractice, favouritism or corruption. The report of the District Magistrate did not disclose any malpractice or bungling in the recruitment. The Court held that the order was arbitrary and irrational and quashed the same.
Issues: 1. Whether the order cancelling the selection list was justified? 2. Whether the petitioners had acquired vested right on getting their appointment on the post of Urdu Translator/junior Clerks? 3. Whether the petitioners who were not appointed in pursuance of the select list dated 12.1.1995 were entitled to claim appointment on the posts of Urdu Translator?
Ratio Decidendi: 1. The Court held that the order cancelling the selection list was not justified as there was no concrete and reliable evidence of large scale bunglings, favouritism, nepotism, corruption or the like or violation of fundamental procedural requirements. 2. The Court held that the petitioners who were appointed in pursuance of the select list dated 12.1.1995 had acquired vested right on getting their appointment. 3. The Court held that the petitioners who were not appointed in pursuance of the select list dated 12.1.1995 were not entitled to claim appointment on the posts of Urdu Translator as empanelment alone does not confer any indefeasible right to appointment.
Final Decision: The Court quashed the order cancelling the selection list and directed that the petitioners who were appointed in pursuance of the select list dated 12.1.1995 shall be deemed to have validly appointed and those who have not yet been appointed shall be appointed against the existing or future vacancies. The Court dismissed the writ petitions filed by the petitioners who were not appointed in pursuance of the select list dated 12.1.1995.
( 1 ) THIS bunch of 15 connected writ petitions involves the question of appointment or otherwise of the petitioners as Urdu Translator-cum-Junior Clerks in various offices of district Deoria. Since common questions of law and fact are involved in the writ petitions, the petitioners are proposed to be decided together.
( 2 ) THE Government of State of U. P. took a policy decision to provide employment to Urdu knowing persons by absorbing them on the post of Urdu Translator-cum-Junior Clerks in the various departments of the State and also with a view to promote the Urdu language and to make it job-oriented and further to link it with economic aspects of life. In the month of August all over the State 5,061 posts were sanctioned/created in the various departments of the State. It was stipulated that one post each in all the offices of departmental heads and heads of offices, both at the Divisional and District level shall be filled in by Urdu Translator/junior Clerk subject to the restrictions that where the post of Regular Assistant Clerk in the Pay Scale of Rs. 950-1,500 is lying vacant. It will be treated to have been converted as that of Urdu Translator ; in case there was no vacancy, the first vacancy which may occur due to retirement/pro motion or for any other reason shall be filled up by a Urdu Translator. The appointing authority of Urdu Translator was the same authority which was authorised to appoint the Junior Clerks. It was also contemplated in the Government Order that all the posts of Urdu Translator shall be filled by special recruitment drive within a period of three months. Subsequently, it was clarified that if there is no vacancy, appointment shall be made against the supernumerary post created for the purpose and the supernumerary post shall continue till a regular vacancy is available.
( 3 ) IN pursuance of the acclaimed policy and various Government Orders, the District Magistrate, deoria initiated proceedings and took steps to recruit the Urdu Translators. The posts were advertised and a written test was held on 25. 12. 1994. A Select List of 58 candidates was published/notified on 12. 1. 1995. Out of the said list certain persons were appointed in different departments such as Police, Education, Employment Exchange, etc. On 3rd February, 1995 a government Order was issued by the Secretary of the Karmik Anubhag-4 that the appointment letters to all the selected candidates be issued by 20th February, 1995. In 12. 1. 1995, 16 successful candidates were posted in the Police Department ; on 19th February, 1995, 5 selected candidates were appointed in the Education Department. Mohd. Latif and Iftikhar Ansari were also given appointments though they were respectively at Serial Nos. 40 and 31 of the select list. On 15th March, 1995 three more candidates were given appointments in the Co-operative department.
( 4 ) IT appears that certain complaints of corruption and favouritism in the selection process were made to the State Government. The Government by order dated 20th June, 1995 directed the district Magistrate. Deoria to make enquiry into the complaints. The Sub-Divisional Officer, salempur (Deoria) was entrusted with the task of making enquiry into the complaints. On the basis of the report of enquiry submitted by the Sub-Divisional Officer, Salempur, the District magistrate, Deoria wrote a letter dated 12th July, 1995 to the State Government in Karmik anubhag-4. A copy of the letter sent by the District Magistrate, Deoria has been filed as annexure-1 to the supplementary affidavit filed by the petitioners in Writ Petition No. 34723 of 1995. It was recommended that five persons, namely, Saharyar Mazrooh and Shabhab Mazrooh who are the nephews of Isa Khan, Smt. Akhtar Shamim, Shahib Ahmad and Shamin Ansari be dropped from the select list and in respect of other selectees, steps for Issue of appointment letters be allowed to be taken. It was also suggested by the District Magistrate, Deoria th
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