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 that there is no incentive for frivolous litigation.

JUDGMENT :

1. Heard Shri Krishna Mohan Asthana, learned counsel for the petitioner, Shri Sanjay Kumar Dwivedi, learned counsel for respondent No.4-Committee of Management and learned Standing Counsel for the State-respondents.

2. The respondent-Committee of Management that runs a minority institution in the name of Jain Inter College, Chaurasi, Mathura (herein after referred to as ‘4th Respondent’) proceeded to fill up the vacant situations in the faculty of the institution as well as in the clerical cadre by issuing separate advertisements in two newspapers, namely, Kalpataru Express and Indian Express having wide circulation in the area and the region. While advertisement in respect of Assistant Teachers in the subject of Hindi, English, Sanskrit, Arts, Mathematics, Science and Sociology, was published in Kalpataru Express News Daily on 24th August, 2015 and in the Indian Express News Daily on 24th August, 2015, the advertisement in respect of vacant positions of Clerk/Assistant Clerk was issued in News Daily Kalpataru on 23rd July, 2015 and Indian Express on 5th August, 2018. Two separate selection committees were constituted to hold selection on the post of Assistant Teachers in the faculty of the institution and clerk in the clerical cadre of the institution.

3. The petitioner having post-graduate degree in Commerce being M.Com and CCC certificate from National Institute of Electronics and Information Technology applied against the post of Assistant Clerk. The selection committee adjudged the petitioner to be the best candidate and, accordingly, recommended him for appointment.

4. The Committee of Management approved the recommendation of the selection committee and sent papers to the District Inspector of Schools vide covering letter dated 21st July, 2016 of the Manager of the institution for financial approval. Likewise, the selection committee constituted for holding selection to various positions of Assistant Teachers in subjects advertised, selected Smt. Shweta Tiwari, Smt. Babita, Shri Jitendra Singh, Shri Rajiv Kumar, Dr. Hemant Chaudhari and one other in the respective subjects against the positions of Assistant Teachers advertised and the papers were also forwarded to the District Inspector of Schools for financial approval.

5. In respect of all these recommendations, the District Inspector of Schools took up various objections and rejected the claim for financial approval in respect of Smt. Shweta Tiwari, Smt. Babita, Shri Jitendra Singh and Shri Rajiv Kumar in respect of these selections and to did not proceed to pass any order.

6. Ultimately, out of all these selectees four teachers, namely, Smt. Shweta Tiwari, Smt. Babita, Shri Jitendra Singh and Shri Rajiv Kumar filed Writ-A No.26403 of 2018 before this Court in which direction was issued for the District Inspector of Schools to dispose of their representation for approval and payment of salary. Mr. Krishna Pal Singh, District Inspector of Schools rejected their claim on various grounds as under :

(i) The post had lapsed so there could not have been any appointment without revival of these posts;

(ii) There was no valid Committee of Management in the institution to hold selection and appointment;

(iii) The written test ought to have been held and then on the basis of marks obtained by the candidates the selection should have been held.

7. This order came to be again challenged before this Court by those very writ petitioners being Writ-A No.7856 of 2019. The writ petition was allowed setting aside the order of the District Inspector of Schools vide judgment and order dated 17th May, 2019 remitting the matter for decision afresh. Mr. Krishna Pal Singh, District Inspector of Schools, again rejected the claim vide order dated 11.11.2019 holding that the selection was done by an invalid Committee of Management. Smt. Babita and Shri Jitendra Singh challenged the said order again before this Court vide Writ-A No.18983 of 2019 in which this Court took exception to the order