Court No. - 4
Case :- WRIT - A No. - 27256 of 2018 Petitioner :- C/M Shri Gandhi Uchchatar Madhyamik Vidyalaya And Another Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Jayant Prakash Singh Counsel for Respondent :- C.S.C.,Vijay Kumar Singh,Vikram Bahadur Singh
Hon'ble Ajit Kumar,J.
It is admitted by the petitioners that 8th respondent is a recognized valid committee as signature as on date stand attested of Smt. Prema Kumari, W/o Dharmpal as Manager of the Committe of Management Shri Gandhi Uchchatar Madhyamik Vidyalaya, Baankati, Bujurg, Etawah The petitioners claim to be a rival claimant and have challenged the attestation and signature of the petitioners vide writ C No. 30478, in which following order has been passed:
"Heard Sri Prabhakar Awasthi for the petitioners and Sri G.K. Singh, learned Senior Counsel appearing for the respondent nos. 8 & 9.
Learned counsel for the respondent nos. 8 & 9 prays for and is granted three weeks time to file counter affidavit. One week time is granted to the petitioners to file rejoinder affidavit.
List after four weeks.
In the meantime, learned standing counsel shall also seek instructions and file a counter affidavit. "
In the opinion of the Court, since order attesting signatures and recognition of the 8th respondent is not stayed, the petitioner does not have any right to maintain the present writ petition questioning the selection and appointment of respondent nos. 9 to 12.
It is well settled principle of service jurisprudence that selection and appointment is an issue between employer and employee and a third party cannot have any right to question such appointments unless such third party itself has been a candidate. Even otherwise the settled legal position is that no public interest is entertainable in service matters.
In view of above admitted position, the petitioner is only rival claimant and in the opinion of the Court the present writ petition is not maintainable.
Writ petition is accordingly dismissed. Consigned to record.
Order Date :- 20.12.2018 Sanjeev