Allahabad High Court
Afreen Fatima vs State Of U.P.Thru.Prin.Secy. ... on 15 June, 2021
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- SERVICE SINGLE No. - 6856 of 2021 Petitioner :- Afreen Fatima Respondent :- State Of U.P.Thru.Prin.Secy. Secondary Education & Ors. Counsel for Petitioner :- Vijay Dixit Counsel for Respondent :- C.S.C.,Mohd. Ateeq Khan Hon'ble Manish Mathur,J.
Heard Mr. Sandeep Dixit, learned senior counsel assisted by Mr. Vijay Dixit, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties no.1 to 3.
In view of order being proposed to be passed, notices to opposite party no.4 stand dispensed with.
Mr. Sudeep Seth, learned Senior Counsel assisted by Mohd. Ateeq Khan has put in appearance on behalf of the intervenor/complainant.
Petition has been filed against the order dated 25.02.2021 passed by District Inspector of Schools, Ayodhya whereby the said authority has recorded that the initial appointment of petitioner on the post of Assistant Teacher with the opposite party no.4 was void abinitio in view of the fact that her father, Mohd. Sayed Nizam Ashraf was erstwhile Manager and continued to be a Member of the Managing Committee at the time when her appointment letter was issued.
Learned counsel for petitioner has assailed the impugned order primary on the ground that the same has been passed in violation of the principles of natural justice inasmuch as, no opportunity of hearing whatsoever has been provided to the petitioner as would be evident from a perusal of the impugned order itself. Other factual disputes have also been raised by learned counsel for petitioner, which however are not germane for disposal of the present writ petition.
Mr. Sudeep Seth, learned senior counsel appearing on behalf of intervenor has relied on paragraph nos.1,5,7 and 9 in 2008 SCC Online, Allahabad 511; Rajendra Singh vs. State of U.P. & Ors. he has again relied on paragraph no.3, 10 and 11 in 2019 SCC Online Allahabad 4166; Akhlaq vs. State of U.P. & Ors. he has also relied onparagraph no.41 in (2012) 8 SCC 384; Vidur Impex & Traders Private Limited and Others vs Tosh Apartments Private Limited & Ors, with the submission that the complainant has a right to be heard in such matters and therefore the intervention application has been filed. He has further submitted that the appointment of petitioner was void owing to the fact that the same is against the provisions of U.P. Intermediate Education Act, 1921 since the petitioner could not have been appointed when her father was a Member of Managing Committee. However, the aspect of decision on intervention application is being left open at this stage.
Upon a perusal of the material available on record and submissions advanced by learned counsel for parties and particularly upon perusal of the impugned order, it is apparent that no opportunity of hearing appears to have been provided to the petitioner while passing the impugned order. The narration of facts in the impugned order does not indicate any show cause notice having been issued to petitioner or even any satisfaction being recorded by the concerned authority with regard to submission advanced by the petitioner. The impugned order clearly appears to have been passed in violation of principle of natural justice and as such cannot be sustained.
Considering the aforesaid facts, the writ petition is being disposed of at the admission stage itself and writ in the nature certiorari is issued quashing the order dated 25.02.2021 passed by opposite party no.3. However, liberty is granted to the concerned authority to pass fresh order, if required, after affording opportunity of hearing to the petitioner. It is further directed that payment of salary to the petitioner with effect from 25.02.2021 shall be paid within a period of 15 days from today, which however shall be subject to final decision, if any to be taken by the competent authority, in case, a fresh order is required to be passed.
With the aforesaid observation, the writ petition stands allowed.
Order Date :- 15.6.2021 Subodh/-