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RAJAN ROY
Through Its Secy. /Manager Jai Narain Degree College Lko. – Appellant
Versus
State of U. P. , Through Principal Secy. Higher Education Lko. – Respondent
JUDGMENT :
1. Heard Shri Shivaji Shukla, learned counsel for petitioners, Shri Satrohan Lal, learned Standing Counsel for the State and Shri Savitra Vardhan Singh, learned counsel for the University.
2. A supplementary affidavit has been filed by the Additional Chief Secretary, Higher Education Department dated 20.07.2022 in compliance of the order of this Court dated 23.05.2022 wherein she has stated that the impugned orders are not covered by the Government Order dated 04.12.2010 keeping in abeyance the orders passed by Dr. Mian Jaan, the then Director, Higher Education and that the impugned orders are correct and legal and are unaffected by the disciplinary proceedings against Shri Mian Jaan and the Government Order dated 04.12.2010.
3. The facts of the case in brief are that the petitioner no. 2 was appointed as Lecturer in the Department of Chemistry in Jai Narain Degree College which is an associate college of the Lucknow University on 17.07.1977 based on a Selection Committee constituted under Section 31(4)(d) of the U.P. State Universities Act, 1973. The appointment was made against a short term vacancy/leave vacancy having arisen on account of the Lecturer Shri S.P. Gaur havi
Continuous and long service can justify treating an appointment as substantively appointed, and impugned orders based on incorrect facts can be quashed.
Appointments against sanctioned posts do not require prior approval from the State Government, allowing for post facto validation and regularization of service.
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 court affirmed that administrative actions must be taken within a reasonable time frame, and the cancellation of a long-standing appointment based on flawed reasoning is unjustified.
Point of Law : Probation appointment - Appointment of the petitioner was not made on the said post of lecturer after following the requisite procedure under Statute 417 framed by the University.
The judgment establishes that allegations of fraud and forgery must be supported by evidence, and impugned orders lacking such evidence are bad for want of authority of law.
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