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2006 Supreme(All) 1874

[2006(6) ADJ 545 (DB)]
ALLAHABAD HIGH COURT
(Division Bench)
BEFORE : DR. B.S. CHAUHAN AND DILIP GUPTA, JJ.
RAJESH SINGH AND OTHERS ..Appellants
Versus
VIDYADHIRAJ PANDEY AND OTHERS ....Respondents
(Special Appeal Nos. 614, 615, 616, 640 and 730 of 2006, decided on 19th July, 2006)

Advocates:
Counsel :
A.K. Gupta, R.K. Jain, G.P. Singh, N.K. Rastogi, R.N. Singh, V.S. Sinha, Abhishek Mayank and Shailendra for the Appellants; K.R. Sirohi, Anurag Pathak, Yashwant Varma, C.K. Rai, S.C. for the Respondents.

Headnote:(A) Appointments—Termination—For posts of Drivers, Stenographers, clerks, etc.—In District Judgeship, Kaushambi—Which was carved out from District Allahabad in new District Kaushambi—Then appointments made on posts of clerks, for a period of three months on ad hoc basis—During those three months’ period, neither advertisement was issued, inviting applications, nor names have been requisitioned from Employment Exchange—And no extension of services of such ad hoc appointees—However, persons appointed for three months, continued to serve, for a period of about two years—D.J. sought permission from High Court for extension of their services, and for regularisation of those persons, who had completed three years service—High Court refused their extension of services, nor their regularisation—Hence, termination of those ad hoc appointees—Writ petition against—Single Judge dismissed it—Special appeal against—Held, requirement of natural justice depends on facts and circumstances of each case, nature of inquiry rules under which Court was acting, subject-matter to be dealt with—There was mass irregularities—Not possible to separate truth from falsehood—Therefore, Single Judge rightly rejected their claims for appointments—Therefore, their appeals liable to be dismissed. [Paras 28 and 36]

       (B) Appointment—To public posts—Is to be made by advertising vacancy—And any appointment made, without doing so, violates mandate of Articles 14 and 16 of Constitution, as it deprives candidates, who were eligible for post, from being considered. [Para 60]

       (C) Appointment—Made on temporary, or on ad hoc basis—In violation of mandates of Articles 14 and 16 of Constitution—Was not permissible—And, thus, void, as appointment was to be given, after considering suitability and merit of all eligible persons, who applies in pursuance of advertisement. [Para 63]

       

JUDGMENT

Hon’ble Dr. B.S. Chauhan, J.—All these five Special Appeals have been filed against the common judgment and order of the learned Single Judge dated 25.5.2006, by which large number of writ petitions have been disposed of.

2. The facts and circumstances giving rise to all these Special Appeals are that the new District Kaushambi was carved out from District Allahabad and in District Judgeship Kaushambi, appointments were made on various posts including the posts of Driver, Stenographer in 1998 and 1999. Subsequently, appointments were made on the post of Clerks on 15.1.2001 for a period of three months on ad hoc basis. While making ad hoc appointments for a period of three months, neither the advertisement was issued inviting applications nor names had been requisitioned from the Employment Exchange. There had been no extension of the services of such ad hoc appointees. However, persons appointed for three months vide order dated 15.1.2001 continued to serve for a period of about two years. The District Judge sought permission from the High Court for extension of their services and also for regularization of those persons who had completed three years, vide letter dated 11.12.2002. The Court vide letter dated 1.5.2003 pointed out that no ad hoc appointment would be made nor the period of services of ad hoc appointees would be extended. However, if the ad hoc appointees had been continuing for a long period and regularization is permissible in accordance with the Rules, their cases may be considered. The Court further directed to fill up the then existing vacancies by making regular appointments in accordance with law. In pursuance of the said letter, the services of ad hoc appointees were terminated vide order dated 20.5.2003. The said termination order was challenged by filing Civil Misc. Writ Petition No. 23939 of 2003 before this Court and an interim relief was granted keeping the order of termination dated 20.5.2003 in abeyance, vide order dated 28.5.2003. The said order stood modified by this Court vide order dated 9.7.2003 issuing directions to fill up vacancies by regular selection and the persons working on ad hoc basis were also permitted to participate in the regular selection. For filling up four posts of Stenographers and 19 posts of Clerks on regular basis, an advertisement dated 28.5.2003 was issued. The appointments were to be made under the provisions of the U.P. Subordinate Civil Court Ministerial Establishment Rules, 1947, which provided, for the post of Stenographers, that a candidate must possess the qualification of Intermediate or equivalent examination, Hindi Shorthand speed of 100 words per minute, Hindi Typing speed of 35 words per minute. The knowledge of English Shorthand and English typing was prescribed as an additional qualification. The candidates were also required to possess Diploma or certificate in Hindi Shorthand and Hindi Typing from a recognized institution. For the post of Clerks, minimum qualification was Intermediate or equivalent examination, Hindi and English Typing knowledge was prescribed as an additional qualification. A large number of candidates appeared in the examination and the result was declared on 29th September, 2004. Appointments were made of some of the appellants herein. The said selection was challenged by some unsuccessful candidates including some of the ad hoc appointees, who were continuing in services under the interim order of the Court and had participated in the regular selection, on large number of grounds, and particularly, that there had been no proper examinations; selection stood vitiated because of the illegality and fraud played by the Appointing Authority; answer sheets were not examined properly; if a question carried maximum 10 marks, candidates had been awarded more than 10 marks in that question. Considering the seriousness of the allegations made in the writ petitions, the learned Single Judge summoned the original records, i.e. answer books























































































































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