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HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
St. Johns Girls Junior High School – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. Heard Mr. A. D. Saunders, learned counsel for the petitioner, Mr. Ashish Kumar (Nagvanshi), learned Additional Chief Standing Counsel and Mr. Shailendra Singh, learned Standing Counsel for the State-respondents as well as perused the records.
2. This writ petition has been filed challenging the order dated 28.09.2017 passed by the District Basic Shiksha Adhikari, Gorakhpur, disapproving the appointment on the post of Clerk and a further prayer to direct the District Basic Shiksha Adhikari to pass necessary orders for the payment of salary to the selected candidate.
3. Placing the brief facts of the case, learned counsel for the petitioner submits that the petitioner is the Committee of Management of St. John’s Girls Junior High School, which is a recognized, aided, and minority institution (hereinafter referred to as 'the institution'). Several vacancies, including one for the post of Clerk, existed in the said institution. The selection for the post of Clerk in the institution is governed by the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 198
Failure to communicate a decision within the prescribed period leads to deemed approval of appointment, despite procedural lapses.
The appointments were found to be void ab initio due to the lack of essential qualifications and the flawed selection process.
The recruitment process for educational appointments must be conducted fairly, transparently, and in accordance with statutory provisions to ensure compliance with principles of natural justice and e....
Point of law: If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded a....
Glaring illegalities in the selection procedure can be challenged, and the Court has the authority to set aside the selection process and direct a restart in accordance with the applicable rules.
The judgment establishes the principle that public officers must act reasonably and responsibly in their official duties, conforming to the rule of law. It also emphasizes the importance of ensuring ....
Point of law: If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded a....
The court established that recruitment processes must adhere to the legal framework in place at the time of vacancy and emphasized the necessity of public advertisement for fair selection.
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