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IN THE HIGH COURT OF ALLAHABAD
RAJESH SINGH CHAUHAN, J.
Dinesh Kumar Yadav And Anr. – Appellant
Versus
State Of U.P. Thru Prin. Secy. Secondary Edu. Lucknow & Ors. – Respondent
Service Single No. - 24261 of 2020
Decided on : 05-02-2021
Constitution of India, 1950 - Article 226 - U.P. Intermediate Education Act, 1921 – Power of High court to issue writs - Facts of issue are that two substantiative vacancies occurred in attached primary section, and therefore, Manger of Committee of Management of College by his letter sought permission of D.I.O.S. for filling up aforesaid two vacancies - D.I.O.S. vide his order granted permission for making selection and appointment on post of Assistant Teacher in attached primary section of College for making one appointment from amongst general category candidates and one appointment from amongst scheduled caste category candidates – Whether Administrative Authority can review/ recall its own order, learned Standing Counsel could not demonstrate any provisions of law permitting same authority to review/ recall its own order - Held, advertisement in question clearly indicates that educational qualification and age will be required as prescribed under U.P. Intermediate Education Act, 1921 along with certificate of T.E.T. and for making selection on post of Assistant Teacher in Institution governed under provisions of Act, 1921, qualification prescribed in advertisement is correct qualification - There is no allegation of any fraud or misrepresentation on the part of petitioners in impugned order and undoubtedly petitioners are having requisite qualifications prescribed under law - The District Inspector of Schools, had granted approval to selection of petitioners vide his order - Thereafter, on the basis of enquiry report and audit report and considering the factum of approval earlier given for the appointment of the petitioners, the D.I.O.S. passed an order for payment of salary to the petitioners which was earlier stopped in the month of November, 2013 and even the arrears of salary were also released. On account of these facts, the petitioners have got their writ petitions withdrawn, which were filed assailing the order passed by the D.I.O.S. holding the appointment of the petitioners erroneous as the advertisement in question was not issued properly. Therefore, when the conscious decision has been taken by the D.I.O.S, the impugned order should have not been passed by the same authority making review of its earlier order - As a matter of fact, the D.I.O.S. vide impugned order has not only reviewed the order of approval but also reviewed the order, therefore, the said order is without jurisdiction and uncalled for order - The Administrative Authorities must mind their statutory limits and if such limit is crossed without having any colour of authority, the said inaction would be absolutely unacceptable - Writ petition allowed.
JUDGMENT :
1. Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioners and the learned Standing Counsel for the respondents.
2. By means of this writ petition, the petitioners have assailed the order dated 30.06.2020 passed by the District Inspector of Schools, Lucknow, respondent No.3, (in short D.I.O.S.), by means of which the earlier order of approval of selection/ appointment of the petitioners dated 18.04.2013 has been cancelled.
3. The brief facts of the issue are that two substantiative vacancies occurred in the attached primary section of Sohan Lal Intermediate College, Rajendra Nagar, Lucknow (in short College/ Institution) and therefore, the Manger of the Committee of Management of the College by his letter dated 27.02.2013 sought permission of the D.I.O.S. for filling up the aforesaid two vacancies. The D.I.O.S. vide his order dated 03.03.2013 granted permission for making selection and appointment on the post of Assistant Teacher in attached primary section of the College for making one appointment from amongst the general category candidates and one appointment from amongst the scheduled caste category candidates.
4. Pursuant to the permission granted by the D.I.O.S., an advertisement was published on 04.03.2013 in two leading Newspapers, namely, Indian Express and Swatantra Bharat. The bare perusal of the advertisement dated 04.03.2013, it is crystal clear that in the advertisement it has been categorically stated that the educational qualification and age will be required as prescribed in U.P. Intermediate Education Act, 1921 (here-in-after referred to as the 'Act, 1921') along with the certificate of T.E.T. Thus, it is very much clear that the educational qualifications prescribed in the advertisement is as per the statutory requirement under the law.
5. Both the petitioners are graduates in their respective subjects and had passed B.Ed. Examinations and also possess T.E.T. qualifications for appointment on the post of Assistant Teacher in attached primary section of the College. The petitioners being fully eligible for appointment on the post of Assistant Teacher submitted their application through registered post.
6. All the candidates were sent call letters through registered post to appear in the interview scheduled on 14th April, 2013. The petitioners received the interview call letters and appeared in the interview along with other candidates on the date fixed before the duly constituted Selection Committee and on the basis of the quality point marks, the Selection Committee prepared two separate select lists, one for the candidates of general category and other for the candidates of scheduled caste category for the two separate posts.
7. From the aforementioned select list prepared by the Selection Committee, it clearly born out that against the general category vacancy name of the petitioner No.1 was recommended as a general category candidate and against the vacancy of scheduled caste category name of petitioner No.2 was recommended as a Scheduled Caste Category candidate.
8. After completion of the selection process, the Manager of the Committee of Management of the College forwarded all the papers pertaining to selection to the D.I.O.S. vide his letter dated 15.04.2013 whereby he requested him for granting approval of the selection.
9. The District Inspector of Schools examined all the papers pertaining to the selection and after being satisfied with due selection procedure and the candidates possess the requisite qualifications granted approval to the selection so made vide his order dated 18.04.2013 whereby the appointment of the petitioners on the post of Assistant Teacher in the attached primary section of the College was approved. The order dated 18.04.2013 has been enclosed as Annexure No.6 to the writ petition.
10. Pursuant to the approval granted by the D.I.O.S., petitioners were issued letters of appointment. The petitioner No.1 was issued letter of appointment on 18.04.2013 and consequen
Appointments made with proper oversight and approval cannot be deemed illegal solely due to procedural irregularities, especially when no disciplinary actions have been taken against the appointees.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
The judgment establishes the principle that public officers must act reasonably and responsibly in their official duties, conforming to the rule of law. It also emphasizes the importance of ensuring ....
A court may exercise its power of review upon the discovery of new, material evidence that was unavailable despite due diligence, if such evidence establishes that an appointment met constitutional s....
The power of review/revision can only be exercised if provided under the statute. The reservation policy is not required to be followed in minority schools.
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
The principle of res judicata bars the respondents from raising any objection with regard to the legality of the appointments of the petitioners.
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