Wholesale cancellation of a selection process without segregating tainted participants from untainted ones is arbitrary and disproportionate. Administrative actions affecting fundamental employment rights must adhere to the principles of natural justice and be exercised only by the competent authority with valid jurisdiction.

JUDGMENT :

IRSHAD ALI, J.

1. Heard Shri Amrendra Nath Tripathi, learned Senior Advocate assisted by Shri Sanjeev Kumar Mishra, learned counsel for the petitioners, Ms. Radhika Singh, learned Advocate along with Ms. Richa Mishra, both appearing for the petitioners and Shri Kuldeep Pati Tripathi, learned Additional Advocate General assisted by Shri Kushal Verma, learned counsel for the respondents-State.

2. This bunch of writ petitions is being decided by means of a common judgment and order treating Writ-A No.5028 of 2012 to be leading writ petition and the judgment and order passed therein, shall be equally applicable to all the connected writ petitions.

3. By means of the present writ petition, the petitioners have prayed for the following reliefs:

(I) issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 25.6.2012 passed by the Director of Education (Secondary), U.P., Lucknow (opposite party no.2) contained as Annexure no.1 so far as it relates to the petitioners.

(II) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to create hindrance in the functioning of the petitioners on the post of Assistant teacher in Sanskrit institutions.

(III) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties especially opposite party no.3 (Joint Director of Education, Azamgarh Division, Azamgarh) to ensure the payment of salary to the petitioners on the post of Assistant Teacher regularly each and every month along with arrears.

(IV) issue any writ order or direction which this Hon’ble Court may deem fit and proper under the circumstances of the case.

(V) allow the writ petition with costs in favour of the petitioners."

4. Factual matrix of the case is that the State Government issued notification on 15.1.2010 in respect of the Sanskrit Schools viz. The Uttar Pradesh Board of Secondary Sanskrit Education (Appointment and Conditions of Service of Heads of Institution, Teachers and Other Employees of the Institution) Regulations, 2009 in which the procedure for the selection on the post of Assistant Teacher and Principal/Headmaster in Sanskrit Schools, has been mentioned.

On 20.9.2011, the vacancy was published in daily newspaper viz. Pioneer by the Regional Deputy Inspector of Sanskrit Schools regarding the Head of the Institutions. On 27.9.2011, the vacancy was published in the daily newspaper viz. Amgar Ujala by the Regional Deputy Inspector of Sanskrit Schools regarding the Assistant Teacher of the Institutions.

The petitioners being fully eligible and qualified for the post of Assistant Teacher applied for the same and also completed all the formalities as required in the advertisement. It is also submitted that the petitioners appeared in all the selection process and eclared successful for the selection committee for the post of Assistant Teacher.

On 12.12.2011, the Joint Director of Education, Azamgarh Division, Azamgarh issued panel for the appointment of the petitioners on the post of Assistant Teacher. The appointment letter was issued in favour of the petitioners by the Manager, Committee of Management by following the panel issued by the Joint Director of Education, Azamgarh Divisio