Court No. - 58
Case :- WRIT - A No. - 27125 of 2018 Petitioner :- Shalini Agrawal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vashishtha Tiwari Counsel for Respondent :- C.S.C.,Shri Ram (Rawat)
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, Sri I.D. Mishra for the caveator and learned Standing Counsel for the State authorities.
Appointment offered by petitioner Committee of Management in the minority institution has been disapproved on the ground that it does not confirm to the procedure contemplated in the Government Order dated 12th March, 2018. The order is challenged on the ground that vacancy had arisen much prior thereto and even the process of recruitment was initiated before it. Submission is that a Government Order cannot be given a retrospective application. Reliance is placed upon an order passed by this Court in Writ Petition No.15345 of 2018, decided on 9.8.2018, which is reproduced hereinafter:-
"Heard Sri Suyash Pandey, learned counsel for the petitioner and Sri Ratan Deep Mishra, learned Standing Counsel representing the State respondents.
The impugned order dated 03.07.2018 disapproving the appointment of the petitioner on the post of Principal has been passed by the respondent No.2 on the ground that provisions of the Government Order dated 12.03.2018 have not been complied with.
Perusal of the impugned order dated 03.07.2018 shows that, in terms of the resolutions of respondent No.4, Committee of Management dated 25.07.2017 and 16.10.2017, an advertisement was issued in two newspapers to fill up the substantive vacancy of Principal. Pursuant to advertisement dated 04.01.2018 published in the daily newspaper "Hindustan" and "Hindustan Times" a Selection Committee was also constituted. Interview was held on 11.02.2018, in which petitioner was selected. Thus, the entire selection process was completed on 11.02.2018 i.e. prior to the Government Order dated 12.03.2018. Papers for approval of the appointment were forwarded by the respondent No.4, Committee of Management to the respondent No.2 on 22.02.2018. However, the matter was kept pending by the respondent No.2. In the meantime, the Government Order dated 12.03.2018 was issued, which is not retrospective in nature.
Thus, the impugned order of disapproval dated 03.07.2018, cannot be sustained and is hereby quashed. Matter is remitted back to the respondent No.2 to pass an order afresh in accordance with law, expeditiously, preferably within a period of four weeks from the date of presentation of certified copy of this order after affording reasonable opportunity of hearing to the respondent No.4.
The writ petition disposed of with the aforesaid observation."
For the reasons recorded in the order impugned dated 18.5.2018 passed by the Joint Director of Education cannot be sustained, and is accordingly quashed. The authority concerned is directed to take a fresh decision by examining the legality of appointment with reference to the law, as existed on the date of initiation of Recruitment.
Writ petition, accordingly, stands disposed of.
Order Date :- 19.12.2018 n.u.