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IN THE HIGH COURT OF ALLAHABAD
Ashwani Kumar Mishra, Praveen Kumar Giri
Manoj Kumar Rawat – Appellant
Versus
State Of Up – Respondent
| Table of Content |
|---|
| 1. placement procedures for educational appointments. (Para 1 , 2 , 3) |
| 2. authority of the director in placement decisions. (Para 4 , 5) |
| 3. jurisdictional limits post-repeal of the act. (Para 10 , 12) |
| 4. no jurisdiction to fill substantive vacancies under new act. (Para 14 , 17) |
| 5. court's dismissal of the appeal based on jurisdiction. (Para 18 , 19) |
JUDGMENT :
(Per: Ashwani Kumar Mishra, J.)
1. This appeal arises out of an order dated 17.02.2025 passed by learned Single Judge in Writ-A No. 15433 of 2024, whereby, the placement of the appellant pursuant to order of Director dated 15.01.2024 in Meerut College, Meerut, has been set aside.
2. The undisputed facts of the case as are noticed by learned Single Judge are that the Uttar Pradesh Higher Education Services Commission (hereinafter referred to as "Commission") issued Advertisement No. 49 of 2019 inviting applications for appointment to 219 posts of Principal in aided Post-Graduate Colleges in the State of Uttar Pradesh. This advertisement included the post of Principal in Meerut College, Meerut. The appellant participated in the selection proceedings and was ultimately placed in the waiting list. It transpires that one
The Director's authority to place candidates under the repealed U.P. Higher Education Services Commission Act, 1980, ceased with the enactment of the U.P. Education Service Selection Commission Act, ....
Actions taken under a repealed statute are void unless consistent with the new legislation.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 Officiating Principal has the right to challenge the appointment of a regularly selected candidate, and appointments made contrary to statutory provisions are invalid.
Once a requisition for direct recruitment is sent, any transfer against that vacancy is impermissible, ensuring adherence to statutory recruitment processes.
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....
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.
Once a requisition for a vacancy is sent to the Board, the post cannot be filled by transfer, as established by the U.P. Secondary Education Services Selection Board Rules.
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 the authority to assign the Principal role resides with the Regional Additional Director, and orders issued without following proper protocols are invalid.
The central legal point established in the judgment is the requirement to follow the prescribed procedure under the U.P. Secondary Education Services and Selection Board Act, 1982 for appointments ag....
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