Court No. - 58
Case :- WRIT - A No. - 26602 of 2018 Petitioner :- Vinod Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed with the allegation that the illegality in the appointment made in the year, 2012, has already been examined by the Regional Level Committee, vide order dated 15.1.2015, which has attained finality and is subjudice before this Court in a writ petition. It is alleged that concealing such fact a subsequent writ petition has been filed before this Court being Writ Petition No. 37725 of 2017 and a fresh direction has been issued for the decision in the matter. A consequential notice has now been issued on 5.12.2018, requiring the parties to appear for hearing, which is impugned in the writ petition.
Learned counsel for the petitioner submits that once the issue has already been resolved by the Regional Level Committee which is subjudice before this Court, there is no justification for a fresh notice and for opportunity of hearing to be given by the Regional Level Committee.
It appears that this Court in Writ Petition No. 37725 of 2017 has issued the following direction on 22.8.2017 :-
"The grievance of the petitioner is that he made an application pursuant to the advertisement dated 22.12.2012 published by the institution namely Adarsh Intermediate College, Bardiha, District Azamgarh for filling up Class IV vacancies in the institution. But the Principal of the college did not allow him to participate in the interview.
Aggrieved by the said action of the Principal of the institution, he has moved a representation dated 30.03.2016 which is pending before the Joint Director. It is stated that hearing in respect of the said selection is going on for grant of the approval.
I have heard the learned counsel for the parties and perused the material available on record.
Having due regard to the fact and circumstances of the case, I am of the view that in case any representation / objection has been filed by the petitioner in respect of the selection on Class IV post in the institution, the same shall be considered by the Joint Director before taking the decision, if the Joint Director has already not taken any decision on the approval of the selection.
With the aforesaid observation, the writ petition is disposed of."
The aforesaid order of the writ Court is absolutely clear, inasmuch, as consideration at the level of Joint Director would be warranted only if a decision has not been taken. Since decision already taken, it would be open for the petitioner to place such facts before the authority concerned, who shall pass needful orders. It is observed that if the Regional Level Committee has already decided the matter and no interference has been made by this Court, there would be no occasion for a fresh hearing to be made in the matter by the Joint Director / Regional Level Committee.
The writ petition, accordingly, stands disposed of.
Order Date :- 20.12.2018 Manoj