Allahabad High Court
Rajendra Nath Mishra vs State Of U.P. & Others on 23 July, 2010
Bench: Ashok Bhushan, Virendra Singh
Court No. - 2 Case :- SPECIAL APPEAL No. - 1078 of 2010 Petitioner :- Rajendra Nath Mishra Respondent :- State Of U.P. & Others Petitioner Counsel :- H.N. Pandey,G.K. Singh,V.K. Singh Respondent Counsel :- C.S.C.,A.K. Yadav,Namit Srivastava,Rajesh Singh,Rakesh Pandey Hon'ble Ashok Bhushan,J.
Hon'ble Virendra Singh,J.
Heard Sri G.K. Singh, learned counsel for the appellant and Sri Rakesh Pandey, learned counsel for respondent No.6.
This Special Appeal has been filed against the judgement order dated 18.6.2010 passed by learned Single Judge of this Court in Writ Petition No.34702 of 2010 filed by respondent No.6. In the writ petition, the respondent No. 6 has prayed for quashing the order dated 7th April, 2010 passed by District Inspector of Schools, Pratapgarh directing the manager of Rai Badri Pal Singh Intermediate College, Beerapur Pratapgarh to issue appointment letter to the appellant whose name was forwarded as selected candidates for the post of Principal in accordance with the provision of U.P. Secondary Education Service Selection Board Rules 1998. The writ petitioner claim to be officiating principal of the institution. The learned Single Judge passed the following order on 8th June, 2009 in the writ petition:-
"List this case in the third week of August, 2010. If the petitioner is working as officiating principal in the concerned institution, he shall be permitted to work and discharge the duties and exercise the same powers".
The learned counsel for the appellant submitted that the appellant being regularly selected candidate was entitled to be appointed whereas by the impugned order the writ petitioner has been allowed to continue without giving any reason in the order. He however, contends that in the writ petition the order under challenged was the order of the District Inspector of Schools, Pratapgarh which order could have been challenged at the Lucknow Bench of this Court. The learned counsel for the respondent replying the submission stated that although in the writ petition only order under challenge was the order dated 7th April, 2010 of the District Inspector of Schools, Pratapgarh but an amendment application has been subsequently filed challenging the selection.
We have heard the learned counsel for the parties and perused the record. The order impugned does not give any reason for permitting the writ petitioner to continue as officiating principal. The appellant is regularly selected Principal of the institution and was entitled to be issued appointment letter in pursuance of the letter dated 7th April, 2010. The order dated 8th June, 2010 is an unreasoned order which affects the right of the appellant to be appointed as principal of the college. The order dated 18.6.2010 can not be sustained and is hereby set aside.
It shall, however, be open for the writ petitioner to press the stay application in the writ petition. The appeal is allowed.
Order Date :- 23.7.2010 G.S