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1998 Supreme(All) 802
IN THE HIGH COURT OF ALLAHABAD
M. Katju, J.
ANURUDH PRATAP SINGH - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 11188 Of 1998
Decided On : 08/03/1998
Ashok Khare, S.K.Srivastava
Regulations favoring dependents of those who die in harness may violate the right to equality.
Headnote:
Equality - Appointment Disapproval - The court set aside the appointment disapproval and directed the authority to pass a fresh order in accordance with the right to equality.
Fact of the Case:
The petitioner was selected as a clerk in a school, but the appointment was disapproved by the D.I.O.S. based on a regulation favoring dependents of those who die in harness.
Finding of the Court:
The court set aside the disapproval and directed the D.I.O.S. to pass a fresh order in accordance with the right to equality.
Issues: Disapproval of appointment based on a regulation favoring dependents of those who die in harness, violation of the right to equality.
Ratio Decidendi: The court relied on a recent decision by the Supreme Court, which held that regulations favoring dependents of those who die in harness would violate the right to equality.
Final Decision: The court directed the D.I.O.S. to pass a fresh order on the appointment recommendation within six weeks in accordance with the right to equality.
( 1 ) HEARD counsel for the parties.
( 2 ) IN this case, on 30. 3. 1998 one months time was granted to the learned standing counsel to file counter-affidavit but no counter-affidavit has been filed so far. Sri S. K. Srivastava has appeared for respondents and is supporting the case of the petitioner. The petitioner was selected as clerk in Phula Rani Janta Higher Secondary Schools, Balanpur, Kannauj and his papers were sent to the Management of the D. I. O. S. , for approval vide Annexure-3 to the writ petition. The petitioner has also been working since 17. 2. 1998 as stated in paragraph 9 to the petition. However, the D. i. O. S. , Farrukhabad has disapproved the petitioners appointment vide order dated 23. 9. 1981, Annexure-4 to the petition. In his order dated 4. 3. 1998, it is stated that the High school and Intermediate Colleges should only give appointment to those claiming under the dying-in-Harness Rules.
( 3 ) THE Supreme Court in a very recent, decision in Director of Education (Secondary) and another v. Pushpendra Kumar and others, 1998 (33) ALR 468, has held that such regulation would result in all vacancies of class III post being made available to dependant of those who die in harness and others will be excluded. Such a construction will be violatlve of the right to equality. Following the said decision I set aside the order dated 4. 3. 1998 and direct the D. I. O. S. to pass a fresh orders on the recommendation sent by the Committee of Management within six weeks of production of a certified copy of this order in accordance with law. Petition is disposed of.
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