Court No. - 58
Case :- WRIT - A No. - 24840 of 2018 Petitioner :- C/M Hafiz Siddiqui Islamia Inter College, Badaun, And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain Counsel for Respondent :- C.S.C.,Prabhakar Awasthi
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order passed by the District Inspector of Schools, dated 6.11.2018, whereby the process initiated by the petitioner Committee of Management to fill up the post of Class-III employee has been stalled. The order records that certain complaints have been received regarding extraneous reasons, being resorted to by the petitioner Committee of Management in the matter of recruitment, and that is why the process itself has been stalled.
Learned counsel for the petitioner states that no conclusive finding has been returned in the matter, and even otherwise all such issues can be examined at the appropriate stage.
The petition is opposed by Sri Prabhakar Awasthi appearing for the respondent complainant.
Perusal of the record would go to show that process of recruitment has already commenced and advertisements have been issued. The legality of appointment would have to be examined by the concern Inspector, after the proceedings are concluded and papers are submitted for grant of approval. All issues including the issues that have been taken note of, at this stage, can be gone into by the competent authority. At this stage of the proceedings, therefore, there would be no justification for the Inspector concerned to stall the process. Consequently, order dated 6.11.2018 cannot be sustained and is, accordingly, quashed.
The recruitment exercise would be undertaken, in accordance with law. It shall, however, be open for the Inspector to examine the legality of appointment itself, after affording an opportunity of hearing to the complainant also, by a reasoned order.
With the aforesaid observations/directions, writ petition stands disposed of.
Order Date :- 26.11.2018 Anil