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HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Prakash Padia,J.
Yudhveer Singh – Appellant
Versus
State Of Up – Respondent
| Table of Content |
|---|
| 1. writ petition filed (Para 1 , 2 , 3 , 4 , 7 , 8 , 9 , 10 , 11) |
| 2. appointment of officiating principal (Para 5) |
| 3. order issued for appointment (Para 6) |
| 4. counter affidavit filed (Para 12) |
| 5. validity of appointment (Para 13 , 14) |
| 6. director's authority (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 7. court's conclusion (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 8. writ petition allowed (Para 28) |
JUDGMENT :
Prakash Padia, J.
1. The present writ petition has been filed by the petitioner with the following reliefs:
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned letter/order dated 15.1.2024 (Annexure- 1) passed by the respondent No.2):
(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the working of the petitioner as Officiating Principal of the Meerut College Meerut till the regular appointment is made by the Commission;"
(iii) to issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iv)to award costs of this petition to the petitioner.
(v) to issue an appropriate writ, order or direction quashing
The Officiating Principal has the right to challenge the appointment of a regularly selected candidate, and appointments made contrary to statutory provisions are invalid.
Actions taken under a repealed statute are void unless consistent with the new legislation. Vacancy provisions using the term 'otherwise' must be interpreted ejusdem generis to include only unforesee....
The Director's authority to place candidates under the repealed U.P. Higher Education Services Commission Act, 1980, ceased with the enactment of the U.P. Education Service Selection Commission Act, ....
A candidate's inclusion in a select list does not confer an indefeasible right to appointment; the authorities have discretion in the selection process.
The court ruled that administrative decisions regarding college principal appointments may be reviewed for compliance with statutory regulations, particularly UGC Guidelines, emphasizing the importan....
The court ruled that under the new Uttar Pradesh Education Services Selection Commission Rules, 2023, transfers can occur even after requisition, provided the selection process has not started.
Writ of mandamus – Employment and service matter – Appointment of Principle of college - Selection Process - Appointment of Principal in College has to be as per recommendation of Selection Committee....
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
Post of Clerk – Selection process - Appointment of petitioner/respondent, if allowed, will amount allowing a person to be appointed without following procedure of law as selection process of petition....
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