SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1977 Supreme(All) 333

HIGH COURT OF ALLAHABAD
K.N.Singh, S.D.Agarwala
RADHEY SHYAM CHAUBE
Versus
DISTRICT INSPECTOR OF SCHOOLS JAUNPUR AND
Decided On : 30 November 1977
Civil Misc. Writ No. 7086 of 1975

K. N. SINGH, J.

Four permanent posts of teachers fell vacant in the Intermediate College, Nawarhia, Jaunpur. The Authorised; Controller who was exercising the powers of the Committee of Management of the institution issued advertisement which was published in the newspaper aaj of Varanasi on September 18, 1974. The petitioners as well as several other persons applied for the said posts. The Selection Committee constituted under the Intermediate Education Act and regulations framed there under made selection and recommended the name of the petitioners for appointment against the four permanent vacancies. The recommendation of the Selection Committee was forwarded to the District Inspector of Schools, Jaunpur by the Authorised Controller for according approval to the appointment of the petitioners along with relevant papers. The District Inspector of Schools, by his letter dated December 4, 1974, accorded approval to the petitioners appointment on permanent posts on probation for a period of one year. Thereafter, the Authorised Controller issued letters of appointment to the petitioners informing them that they have been appointed as teachers on probation for one year. The petitioners took charge and started teaching in the institution. On May 1, 1975, the District Inspector of Schools, however, informed the Authorised Controller that the appointment of the petitioners should be treated as temporary till June 30, 1975. In pursuance to the letter of the District Inspector of Schools, the Principal of the college informed the petitioners that their appointment as teachers in the institution was temporary which was to expire at the end of the session 1974-75. Aggrieved the petitioners filed this petition challenging the order of the District Inspector of Schools dated May 1, 1975 as well as the order of the Principal of the college dated May 28, 1975. Learned counsel for the petitioner urged that once the District Inspector of Schools had accorded approval to the petitioners appointment on permanent posts on probation, he had no jurisdiction to review his order. We find considerable force in this contention. There is no provision under the Intermediate Education Act or in the regulations framed there under conferring power on the District Inspector of Schools to review an order according approval under Section 16-E of the Act. The District Inspector of Schools, like any other statutory authority, has however power to recall or revoke its order if it is obtained by mistake, misrepresentation or fraud. But in the absence of any fraud, misrepresentation or misttake, the District Inspector of Schools has no jurisdiction to revoke his order. In the instant case the petitioners have alleged that the order of approval was not obtained by mistake, fraud or misrepresentation and, as such, the District Inspector of Schools had no jurisdiction to revoke his order. The District Inspector of Schools who was arrayed as respondent to the petition and to whom notices were issued by this Court has not appeared and no counter-affidavits has been filed on his behalf controverting the allegations made in this petition. In the circumstances, it is clear that the order of approval was not obtained by mistake, misrepresentation or fraud. In Rajendra Tripathi v. Deputy Director of Education, Gorakhpur and others. (1976 (2) A. L. R, 518.), the precise question was considered and it was held that in a case where an order was not obtained by fraud or misrepresentation, the statutory authority has no jurisdiction to review its order unless provision to that effect is contained in the Act or the Rules. In the absence of any statutory provision, the District Inspector of Schools had no power to review his order granting approval. We agree with the view taken in Rajendra Tripathis case. Learned counsel for the respondent Committee of Management urged that the order of approval was obtained by mistake and in support of his contention, he placed reliance on para 7



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top