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IN THE HIGH COURT OF ALLAHABAD
VIKAS BUDHWAR, J.
C/M Jubilee Sanskrit College and Another – Petitioners
Versus
State of U.P. and Others – Respondents
Writ (A) No. 15912 of 2023
Decided On : 01-12-2023
| Table of Content |
|---|
| 1. court addresses procedural discrepancies in the order by vice chancellor. (Para 1 , 2) |
| 2. verification of qualifications for principal appointment (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 3. inquiry and alleged forgery of experience certificate (Para 10 , 11 , 12 , 13 , 14) |
| 4. judicial review of administrative decisions (Para 15 , 16 , 17 , 18) |
| 5. arguments regarding procedural compliance and certificate validity (Para 19 , 24 , 25 , 26 , 28 , 31) |
| 6. assessment of reasoning and legal standards necessary for administrative decisions. (Para 20) |
| 7. requirement for reasons in administrative decisions (Para 37 , 38 , 39 , 40) |
| 8. court's findings on legal standards for administrative orders (Para 44 , 45 , 46) |
| 9. final decision directing a fresh order to be made by the vice chancellor (Para 48) |
JUDGMENT :
VIKAS BUDHWAR, J.
1. Counter affidavit filed on behalf of the second and the third respondent is taken on record.
2. Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, for the writ petitioners, Sri Shailendra Singh, learned Standing Counsel who appears for the respondent no. 1, Sri Shesh Kumar Srivastava, learned counsel for the respondents no. 2 and 3 and Sri Ashok Khare, learned Senior Counsel assisted by Sri P.K. Upadhyay, for the fourth respondent.
3. The case of the writ petitioners who are two in number is that it is an institution by the name of Jubilee Sanskrit College, Ballia which is affiliated to Sampurnanand Sanskrit Vishwavidyalaya, Varanasi and it is also grant in aid list of State Government, provisions of U.P. Act No. 24 of 1971 stands applicable.
4. According to the writ petitioners purusant to the retirement of one Sri Baij Nath Pandey, who was working as a Principal of the petitioners’ institution the vacancy stood arisen which was advertised in two widely circulated news papers and the fourth respondent, Dr. Rakesh Kumar Tripathi applied for the post of Principal in the petitioners’ institution.
5. In Para 10 of the writ petition it has been asserted that the fourth respondent in order to show experience had relied upon a certificate issued by the Principal of Sri Ramanand Peeth Sanskrit Mahavidyalaya dated 12.1.2015 showing the fact that the fourth respondent had teaching experience since July, 2004 till the issuance of the teaching experience certificate dated 12.1.2015.
6. The interviews pursuant to the said selection was conducted on 3.4.2016 and the fourth respondent thereafter proceeded to furnish another education teaching certificate dated 23.7.2015 mentioning therein that he was appointed in the month of July, 2010 in the institution, Sri Ramanand Peeth Sanskrit Mahavidyalaya and he is teaching till the issuance of the certificate.
7. Based upon the eligibility and experience certificate so submitted by the fourth respondent he was appointed as a Principal in the petitioners’ institution and he assumed the charge on 15.6.2016 and was placed under probation from 15.6.2016 to 15.6.2017.
8. It is also the case of the writ petitioners that with respect to the verification of the teaching experience certificate submitted by the fourth respondent dated 23.7.2015 on 1.6.2017, the petitioners’ institution made a communication to the Manager of Sri Ramanand Peeth Sanskrit Mahavidyalaya regarding verification of the said certificate.
9. On 3.7.2017 as per the writ petitioners a communication was sent by the Manager of the Sri Ramanand Peeth Sanskrit Mahavidyalaya wherein according to the writ petitioners’ the teaching experience certificate submitted by the fourth respondent under the signature of the Principal Sri Ramanand Peeth Sanskrit Mahavidyalaya was stated to be forged and in Para 4 it was stated that fourth respondent was at no point of time appointed in the institution, Sri Ramanand Peeth Sanskrit Mahavidyalaya. Faced with these circumstances, the petitioners’ institution issued a notice requiring the fourth respondent to submit explanation/clarification to the same.
10. Pleadings further
Quasi-judicial authorities must provide reasoned decisions when determining civil rights; failure to do so renders the decision unsustainable.
Quasi-judicial authorities must provide substantiated reasoning in their decisions to ensure fairness in civil rights matters.
It is in interest of University that all doubts regarding appointment of teachers are raised within a period of three months to have an early decision by Chancellor to give quietus to disputes in Uni....
The failure to issue a disagreement note when the disciplinary authority disagrees with the Enquiry Officer's findings constitutes a violation of natural justice, necessitating remittance for proper ....
The Selection Committee cannot alter the essential qualifications for a position once the selection process has commenced, and the Chancellor has the authority to terminate appointments that do not c....
Alternative remedies do not bar the maintainability of writ petitions under Article 226, especially in cases involving fundamental rights or jurisdictional issues.
The appointment of a candidate is invalid if they do not disclose current employment and fail to submit a mandatory no objection certificate during the selection process.
The court emphasized adherence to procedural fairness and legitimate expectations in administrative appointments, allowing reinstatement due to unjust termination based on misrepresentation and ante-....
The court upheld the validity of the petitioner's appointment as Principal, asserting no individual can claim dual permanent positions in educational administration.
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