Allahabad High Court
C/M Sri Gopal Kanhaiya Lal Inter College ... vs State Of U.P. And 3 Others on 5 October, 2020
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- WRIT - A No. - 7981 of 2020 Petitioner :- C/M Sri Gopal Kanhaiya Lal Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendera Rajwar,Gautam Baghel Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
Heard Sri Gautam Baghel, learned counsel for the petitioners and learned Standing Counsel for the State respondent Nos. 1 to 4.
By means of this petition under Article 226 of the Constitution, the petitioner has questioned the propriety and correctness of the order of Regional Level Committee dated 14th February, 2020/ 19th February, 2020, whereby papers forwarded by the petitioner for seeking approval to the selection on a class-III post, has come to be rejected on the ground that under the Government order dated 30th October, 2019 and consequential order dated 4th November, 2019 issued by the Directorate of Education (Secondary), the permission now cannot be granted.
Sri Gautam Baghel, learned counsel for the petitioner has vehemently urged firstly, that process of selection and appointment which are governed by the statutory rules cannot be scuttled down by an Executive fiat unless and until the rules meant for direct recruitment and selection are amended and secondly, even if a Government order can be said to be an order governing the recruitment procedure part that would be only having prospective effect. In this regard, he has placed reliance upon a judgment dated 21st September, 2020 passed in Writ-A No.- 6406 of 2020 in case of Committee of Management, Maniyar Inter College and another v. State of U.P. and three others in which vide conclusive paragraph it has been held thus:-
"Merely because a more transparent process is likely to be evolved by the State in future cannot be a ground to keep the post vacant in such educational institutions. It goes without saying that as and when a more transparent process is evolved and the statutes are accordingly amended the prospective recruitment would be made as per it. However, the existing vacancies will have to be filled as per the procedure prescribed in the Act and regulations. State cannot withhold the process of appointment in such institutions as it would go contrary to the cause of education itself.
In such view of the matter, the order passed by the District Inspector of Schools, Ballia dated 11.6.2020 cannot be sustained and is hereby quashed. Since the Director has already granted permission vide his order dated 24.5.2019, the Inspector shall pass consequential orders within a period of four weeks from the date of presentation of a copy of this order.
Writ petition stands allowed.
The concerned authority/official shall verify the authenticity of computerized copy of this order from the official website of High Court, Allahabad and shall act accordingly without waiting for submission of the certified copy of this order."
Learned counsel for the petitioner has argued that the prior permission is required under the Regulation 101 of Chapter III of the Intermediate Education Act, 1921, which is accorded for making selection and appointment by Director of Education on 26th June, 2019 and subsequently advertisement has been issued on 3rd August, 2019 and selection was made and thereafter the papers were forwarded to the District Inspector of Schools on 5th September, 2019. He contends that all the exercise was conducted by the Committee of Management prior to the issuance of Government order on 30th October, 2019 therefore, Government order shall have no effect on the proceedings that had already been undertaken and also lawfully enforceable in view of the ratio laid down in the said judgment.
Learned Standing Counsel does not dispute the above factual and legal positions.
It is also stated at the Bar that the said judgment has not been appealed against and still holds the plea.
In view of the above, without entering into the merits of the first argument regarding non explicit of the Government order in the pace of the standing statutory rules, this Court is of the view that the order dated 19th February, 2020 passed by the Regional Level Committee cannot be sustained and is hereby set aside.
Since under Regulation 101 of Chapter III of Intermediate Education Act, 1921 after the prior permission has been sanctioned/ granted by the Director of Education, in view of the opinion of the Court, the legal position stands that the District Inspector of Schools shall accord the permission to the selection made by the Committee of Management and the Regional Level Committee has no role to play in the matter.
Under such circumstances, the District Inspector of Schools, Etawah, is directed to consider the permission to the selection made by the Committee of Management on class-III position pursuant to the prior permission granted by the Director of Education and shall proceed to pass an appropriate order strictly in accordance with law within a period of three weeks from the date of production of copy of this order.
With the the aforesaid observations/ direction, the writ petition stands disposed of.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one and certified copy shall be submitted by the petitioner as and when it is issued.
Order Date :- 5.10.2020 Atmesh