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2023 Supreme(All) 2522

IN THE HIGH COURT OF ALLAHABAD
AJIT KUMAR, J.
C/M Vaidik Kanya Inter College And Another - Petitioners
Versus
State of U.P. And 4 Others - Respondents
WRIT A NO. 7096 OF 2020.
Decided On : 05-04-2023

Advocates appeared:
For the Petitioner:Jagannath Singh, Aarushi Khare, Sr. Advocate.
For the Respondent: C.S.C., Bheem Singh, Rahul Mishra.

Headnote:(A) U.P. Secondary Education Services Selection Board Act - Seniority dispute - Writ petitions regarding seniority between two lecturers - Claim of seniority by Ratan Prabha upheld over Anupama based on valid adjustment and selection procedures - Interim orders affecting employment considered - Committee of Management's challenge to seniority dismissed. (Paras 1, 14, 22, 39)

(B) Legal Principle - A selected candidate’s right to join and claim seniority remains protected against interim orders that hinder employment. (Paras 22-24)

Table of Content
1. seniority dispute in educational appointments. (Para 1 , 2 , 3)
2. judgments on unadvertised vacancies. (Para 4 , 5 , 6)
3. impacts of interim orders on appointments. (Para 7 , 8 , 9)
4. procedure for establishing seniority. (Para 10 , 11 , 12)
5. right to be heard in administrative decisions. (Para 13 , 14 , 15)
6. arguments on appointment validity. (Para 16 , 17 , 18)
7. court's reasoning and jurisdiction. (Para 19 , 20 , 21)
8. status implications of court orders. (Para 22 , 23 , 24)
9. inter-se seniority disputes. (Para 25 , 26 , 27)
10. natural justice principles in administration. (Para 28 , 29 , 30)
11. legal standing in administrative hearings. (Para 31 , 32 , 33)
12. final conclusions and orders of the court. (Para 34 , 35 , 36)
13. final decisions on the writ petitions. (Para 37 , 38 , 39 , 40)

JUDGMENT

Ajit Kumar, J.

Heard Sri Bheem Singh, learned counsel appearing for the petitioner Committee of Management Vaidik Kanya Inter College, Dadri, District Gautam Budh Nagar in Writ A No. 7096 of 2020 and on behalf of Smt. Anupama in Writ A No. 3608 of 2021 and Sri Jagannath Singh, learned counsel appearing for petitioner Smt.Ratan Prabha in Writ A No. 866 of 2020 and Writ A No. 9586 of 2021. In all the writ petitions controversy relates to seniority between one Smt. Ratan Prabha and Anupama in the institution so as to hold charge of officiating Principal. Smt. Anupama has been permitted by the Committee of Management to officiate as Principal of the institution. In Writ A No. 7096 of 2020 and in Writ A No. 3608 of 2021, the order passed by the Regional Joint Director of Education dated 25.10.2019 holding the petitioner senior most lecturer is under challenge. In Writ A No. 866 of 2020, the prayer is to the effect to direct the Committee of Management to give effect to the order passed by the Regional Joint Director of Education i.e. directing the petitioner to be the senior most teacher in the institution, whereas in Writ A No. 9586 of 2021, the officiating charge given to Smt. Anupama by order dated 24.8.2019 and attestation of signature of Smt. Anupama was given on 17.10.2019. The case has a checkered history, and, therefore, needs lucid detail of facts which are stated as under:

2. The petitioner Ratan Prabha applied for the post of lecturer (Civics) pursuant to advertisement being no. 1 of 2004 issued by U.P. Secondary Services Selection Board (hereinafter referred as 'Board'). In the selection held by the Board, petitioner Ratan Prabha got selected and was recommended initially for being appointed as a lecturer (Civics) in Nagar Palika Inter College, Badaun. However, in the absence of vacancy, there at Badaun she was not permitted to join and consequently filed writ petition before this Court being Writ A No. 19955 of 2006. The said writ petition was disposed of, vide order dated 10.4.2006, issuing a direction to the Board to make a recommendation for adjustment of petitioner in some other institution where vacancy exists. The order passed by this Court dated 10.4.2006 is quoted below:-

    "The petitioner is a selected candidate and was recommended by the Board to join the institution concerned but was not allowed to join. The District Inspector of Schools has intimated that the post in question has already been filled up by way of promotion and? therefore there is no vacancy.

    Sri A.K. Yadav, the learned counsel for the Selection Board, upon instructions received by him, admits this fact.

    In view of the aforesaid, the writ petition is allowed and a mandamus is issued to the Selection Board to pass fresh orders, recommending the name of the petitioner in another institution, where a vacancy exists, within one month from the date of the production of a certified copy of this order. "

3. In compliance of the orders so passed above by the Court, the Board made recommendation on 17.5.2006 adjusting the petitioner as a lecturer (Civics) in Vaidik Kanya Inter College, District Gautam Budh Nagar, the institution been run by

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