Court No. - 7
1. Case :- WRIT - A No. - 15462 of 2018 Petitioner :- Utkarsh Awasthi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain Counsel for Respondent :- C.S.C.,Jitendra Kumar,Krishna Kumar Chand
2. Case :- WRIT - A No. - 10307 of 2018 Petitioner :- Utkarsh Awasthi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Samarath Singh,Hritudhwaj Pratap Sahi,Sankalp Narain Counsel for Respondent :- C.S.C.,Jitendra Kumar,Krishna Kumar Chand
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri V.K. Singh, learned counsel for the petitioner, learned standing counsel for the State-respondent, Sri K.K. Chand, learned counsel for the respondent no.2, Sri R.K. Ojha, learned Senior Advocate, assisted by Sri Jitendra Kumar, learned counsel for the respondent no.3.
On 23.7.2018, this Court passed the following order:
"Heard Sri V.K. Singh, learned counsel for the petitioner, learned standing counsel for the State-respondent, Sri K.K. Chand, learned counsel for the respondent no.2, Sri R.K. Ojha, learned Senior Advocate, assisted by Sri Jitendra Kumar, learned counsel for the respondent no.3.
By the impugned order dated 2.7.2018 permission to issue fresh advertisement has been granted by the respondent no.2 for recruitment on three vacant posts of Assistant Teachers. Consequently, the impugned advertisement dated 3.7.2018, has been issued by the respondent no.3. From the record, it appears that earlier after obtaining the permission of respondent no.2, an advertisement was issued by the respondent no.3, to fill up the post of Assistant Teachers (Maths and Science). According to the petitioner he was duly selected and his name was forwarded by the respondent no.3 to the respondent no.2 for approval. However, by order dated 24.8.2016, the respondent no.2 disapproved the selection on the ground that the State Government had directed to fill up the vacant posts only by 31.7.2016. The respondent no.2 also cancelled the entire selection process. Aggrieved with this order dated 22.8.2016, the respondent no.3 filed a Writ - A No.49264 of 2016 (C/M),(Sri Janta Vidya Mandir Jr. High School and Anr. Vs. State of U.P. and 3 Ors.). In the mean time, this Court considering similar set of facts, passed a judgment in the case of the C/M of Nehru Kissan Vidyalaya Jr. High School Vs.State Of U.P. and 2 Ors. 2017 (3) ADJ 503, holding that the object of the circular dated 3.6.2016, was to ensure expeditious completion of selection process. The circular does not indicate that in case the selection process is not completed by the prescribed date, then the management is not entitled to fill up the vacant posts. However, before the Writ - A No.49264 of 2016 filed by the respondent no.3 Committee of Management, could be decided, the respondent no.3 filed a withdrawal application No.3 of 2018 to withdraw it. Under the circumstances, to protect his interest the petitioner herein filed a Writ - A No.10307 of 2018 (Utkarsh Awasthi Vs. State of U.P. and 4 others), which is stated to be pending. The withdrawal application filed by the respondent no.3 in Writ - A No.49264 of 2016, was allowed. The aforesaid writ petition was dismissed as withdrawn with the observations that so far as the rights of the selected candidates is concerned, he can pursue his grievance in pending Writ - A No.10307 of 2018.
In view of the facts briefly noted above, put up this writ petition as a fresh case alongwith records of Writ - A No.10307 of 2018, on 31.7.2018. As an interim measure, it is provided that the entire selection process pursuant to the advertisement dated 3.7.2018 shall continue with respect to the post of Assistant Teacher (unreserved) (Math and Science) but no final decision shall be taken till the next date of listing. It is made clear that the respondent no.3 shall be free to proceed pursuant to the impugned advertisement dated 3.7.2018 with respect to the other two posts of Assistant Teachers and respondent no.2 shall be free to take a final decision in accordance with law with respect to these two posts."
Today, Sri R.K. Ojha, learned Senior Advocate, made a statement that the respondent no.3 - Committee of Management, has no objection, if the approval order passed by the respondent no.2, dated 24.8.2016, and the order of cancellation of the selection process dated 22.8.2016, are quashed in view of the law laid down by this Court in the case of C/M of Nehru Kissan Vidyalaya Jr. High School Vs.State Of U.P. and 2 Ors. 2017 (3) ADJ 503, and the selection process pursuant to the impugned advertisement dated 3.7.2018, with respect to the post advertised except the post of Assistant Teacher (unreserved) (Math and Science), is allowed to be completed in accordance with law.
Learned standing counsel as well as learned counsel for the respondent no.2 have no objection to the aforesaid stand taken by the petitioner and the respondent no.3.
Undisputedly, an advertisement was issued by the respondent no.2 to fill up the post of Assistant Teacher (unreserved) (Math and Science) and in terms thereof the petitioner was selected and his name was forwarded by the respondent no.3 to the respondent no.2 for approval. The only ground on which the selection of the petitioner was disapproved by the respondent no.2 was that the Government had directed to fill up the vacant post only by 31.7.2016. The aforesaid circular relied by respondent no.2 came for consideration before this Court in the case of C/M of Nehru Kissan Vidyalaya Jr. High School (supra) and this court held that object of circular dated 3.6.2016, was to ensure expeditious completion of selection process. The circular does not indicate that in case the selection process is not completed by the prescribed date then the Management is not entitled to fill up the vacant post.
Thus, in view of law laid down by this Court in the case of C/M of Nehru Kissan Vidyalaya Jr. High School (supra) the order of disapproval dated 24.8.2016 impugned in writ petition no.10307 of 2018 can not be sustained and is hereby quashed. Both the writ petitions disposed of with a direction to the respondent no.2 to consider the selection of the petitioner for approval and pass an appropriate order, in accordance with law, within four weeks from the date of submission of a certified copy of this order. The permission dated 2.7.2018 and the advertisement dated 3.7.2018, in so far as it relates to the post of Assistant Teacher (unreserved) (Math and Science) shall abide by the decision of the respondent no.2.
Order Date :- 31.7.2018/vkg