Court No. - 37
Case :- WRIT - A No. - 15080 of 2019 Petitioner :- Neeraj Kumar Tripathi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kushmondeya Shahi Counsel for Respondent :- C.S.C.,Ved Byas Mishra
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State- respondents.
By means of this writ petition the petitioner claims that the procedure has been initiated for appointment as Assistant Lecturer in a Sanskrit Degree College affiliated to Sampurnanand Sanskrit University. The Committee of Management had asked for subject expert for constitution of a Selection Committee. The University appointed two persons.
The Statutes of Sampurnanand Sanskrit University 11.15 requires besides the subject expert and Manager as well as Principal of the Institution, the District Inspector of Schools to be present. Admittedly, the DIOS was not present and the petitioner was selected and the papers were forwarded to the University. The approval was granted by the University. However, the DIOS then wrote to the University to review its grant of approval, which the University rejected.
According to the University, proper procedure was adopted for the proper selection of the petitioner. Now the DIOS has referred the matter to the Director, Secondary Education and the salary etc. have not been paid to the petitioner.
Upon query being put as to how Selection Committee has been constituted without the DIOS, the answer given by the petitioner is that necessary requirement is only that of Subject Expert, therefore, mere absence of the DIOS would not render the selection illegal or improper and the matter is pending before the Director, Secondary Education.
The writ petition is being disposed of with the observation that the Director-respondent no.2 may look into the claim of the petitioner as to whether presence of the DIOS was a must in the selection of the petitioner by the Selection Committee and then pass appropriate orders in accordance with law, as far as possible, within a period of two months from the date a certified copy of this order is presented before the authority concerned.
Order Date :- 30.9.2019 SKM