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
| 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:-
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
A.K. Kraipak v. Union of India
Ashwin S. Mehta v. Union of India (2012) 1 SCC 83
Charan Lal Sahu v. Union of India
Odisha Foresh Development Corporation v. M/s Anupam Traders (2020) 15 SCC 146
The court established that interim orders do not invalidate prior valid selections and that seniority must be determined based on actual service and selection dates.
Point of Law : Education Officer (Secondary) can exercise jurisdiction to determine any inter se dispute as regards seniority that has been referred to him under Rule 12(3) of the said Rules till suc....
Employment and Service matter - Re-assessment of seniority - As per Rule 3(1)(b), seniority of teachers in a grade has to be determined on basis of their substantive appointment in that grade, meanin....
The main legal point established in the judgment is the importance of following the provisions of Rule 12 of the Maharashtra Employee of Private Schools (Conditions of Services) Regulation Rules, 198....
The main legal point established is that seniority is determined based on substantive appointment and age, as specified in the regulations of the Intermediate Education Act, 1921, overriding the time....
The court upheld the Single Judge's decision, emphasizing the importance of seniority and misconduct in determining appointment validity under established legal principles.
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