Ajai Kumar Awasthi vs State Of U.P. Thru Prin. Secy. ...
2012 Latest Caselaw 3417 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 4141 of 2012
 

 
Petitioner :- Ajai Kumar Awasthi
 
Respondent :- State Of U.P. Thru Prin. Secy. Education (Secondary) & Ors
 
Petitioner Counsel :- Virendra Misra
 
Respondent Counsel :- C.S.C.,H.S. Jain
 

 
Hon'ble Ajai Lamba,J.

It is not in dispute that the petitioner was employed as Lecturer (English) on ad-hoc basis till such time the post is filled through regular selection process.  It is further not in dispute that the petitioner did not compete for the post for which respondent no.6 has been selected.

Learned counsel, however, has argued that the selection of respondent no.6 is illegal.  In case, the respondent no.6 was not selected, the petitioner would have continued to serve.

Sri Jain, learned counsel appearing for respondent no.4 states that the appointment of the petitioner was illegal, insomuch as the Managing Committee of Rashtriya Inter College, Ranapur Haidergarh, Barabanki, could not have appointed the petitioner.

Let counter affidavit be filed to show that the petitioner has no locus to challenge the selection and appointment of respondent no.6.

In the meantime, issue notice to respondent nos.5 and 6, returnable in four weeks.

Sri Rahul Shukla, learned Standing Counsel, puts in appearance for respondent nos.1 to 3.

The petitioner is not entitled to any interim relief in view of the fact that he was serving only on ad-hoc basis and did not compete to be appointed through selection.

Order Date :- 7.8.2012

A.Nigam