Court No. - 58
Case :- WRIT - A No. - 13207 of 2018 Petitioner :- Vivek Kumar Nadar And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shivendu Ojha,Sri Radha Kant Ojha Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners are claiming appointment in a minority institution against posts of Assistant Teacher, which have been duly advertised. The selection proceedings have been conducted whereafter the papers have been forwarded to the District Inspector of Schools, Bulandshahar, for grant of approval. The Inspector vide his order dated 22.3.2018 has rejected the plea for approval on the ground that in view of the Government Order dated 12.3.2018, the procedure has been amended and the appointments have not been made in accordance with it. This order is under challenge in the present petition.
Learned Senior Counsel appearing for the petitioner submits that the Government Order dated 12.3.2018 cannot be given a retrospective application inasmuch as appointments have been made prior to 12.3.2018 and cannot be tested on the anvil of Government Order dated 12.3.2018. Reliance is placed upon a decision of this Court in C/M Christian Inter College and another vs. State of U.P. and other being Writ Petition No.8971 of 2018.
Learned Standing Counsel does not dispute the legal proposition, and therefore, submits that the authorities shall re-visit the issue.
The Government Order dated 12.3.2018 which has been relied upon to non suit the petitioners cannot be given a retrospective application. On the date when selection of the petitioners was made, the Government Order dated 12.3.2018 was not in operation. The Inspector, therefore, is not justified in rejecting the plea of approval by retrospectively applying the Government Order.
The order dated 22.3.2018 consequently cannot be sustained and is quashed. Matter is remitted to the Inspector for a fresh consideration in accordance with law as it stood on the date of selection. The required consideration shall be made within a period three months from the date of presentation of certified copy of this order.
Writ petition stands disposed of.
Order Date :- 30.5.2018 Anil