Allahabad High Court
C/M Sarvodaya Inter College, Auraiya, ... vs State Of U.P. And 3 Others on 9 December, 2019
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- WRIT - A No. - 18126 of 2019 Petitioner :- C/M Sarvodaya Inter College, Auraiya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
Heard Shri Vinod Kumar Singh, learned counsel for the petitioners and the learned Standing Counsel for the respondents.
The petitioners, by means of the present petition, have assailed the order dated 17.09.2019 passed by the Joint Director of Education, Kanpur Region, Kanpur (Respondent no. 3) whereby he has refused to accord approval to the promotion of petitioner no. 2 (Raghav Singh) on the post of Lecturer (Economics) in the institution namely Sarvodaya Inter College, Sanfar, Auraiya.
The sole contention advanced by the learned counsel for the petitioners is that the power to grant approval is vested with the Regional Selection Committee under Rule 48 of the U.P. Secondary Education Service Selection Board Rules, 1998 (herein after referred to as the Rules, 1998). He also submits that the records of petitioner no. 2 for according approval was not placed before the Selection Committee and the order of disapproval has been passed by the Joint Director of Education, Kanpur Region, Kanpur (Respondent no. 3). Thus submission is that the order passed by the respondent no. 3 is without jurisdiction inasmuch as power to consider the issue with regard to approval to the appointment of Lecturer is vested with the Regional Selection Committee.
The Court had passed the following order on 16.11.2019 :-
"The short point urged by the learned counsel for the petitioner is that pursuant to the direction issued by the writ court dated 04.07.2019 in Writ-A No. 9750 of 2019 as also under Rule 14 of U.P. Secondary Education Services Selection Board Rules, 1998 the matter ought to have been considered by the Regional Selection Committee headed by the Joint Director of Education and not by the Committee and therefore the order is void.
Learned Standing Counsel, who has accepted notice on behalf of the respondents 1 to 4, shall seek instructions as to whether the matter was placed before the Regional Selection Committee and whether the decision was taken on the recommendation made by the Regional Selection Committee. Such instructions be obtained within a week.
Put up, as fresh, on 26th November, 2019."
Shri Shailendra Singh, learned Standing Counsel, on instructions does not dispute the fact that the records of petitioner no. 2 was not placed before the Regional Selection Committee and the order impugned has been passed by the respondent no. 3. He also could not dispute the legal submission advanced by the learned counsel for the petitioners for assailing the impugned order.
In the facts and circumstances of the case, as the order impugned has been passed by an authority not conferred with the power to consider the issue of approval of appointment, the same is not sustainable in the eyes of law. The order impugned dated 17.09.2019 (Annexure-7 to the writ petition) passed by the respondent no. 3 is hereby set-aside.
The writ petition is allowed with liberty to the respondent no. 2 (Regional Selection Committee, Kanpur Region, Kanpur) to consider the issue of approval to the appointment of petitioner no. 2 by way of promotion on the post of Lecturer (Economics) expeditiously, preferably within a period of three months from the date of production of certified copy of this order is filed before the authority concerned.
Order Date :- 9.12.2019 VR