Amir Jamal Khan And 6 Ors vs State Of U.P. And 4 Ors
2014 Latest Caselaw 7834 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 57276 of 2014
 

 
Petitioner :- Amir Jamal Khan And 6 Ors
 
Respondent :- State Of U.P. And 4 Ors
 
Counsel for Petitioner :- M.A. Khan,Ashok Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri M.A. Khan for the petitioner and learned Standing Counsel.

Petitioners herein were selected and appointed as Assistant Teachers in Shibli National Inter College, Azamgarh, by the earlier management.

It appears that there was some dispute with regard to the validity of the election of the said management which was under consideration by the Court. Subsequently the very notification in pursuance to which the election of the management was held,  was quashed.

When the papers relating to the selection/appointment of the petitioners were sent to the concerned committee for its approval as per Rule, the same has been declined by the impugned order dated 15.10.2014,  only on the ground that the as  election of the Manager who had held the selections has been quashed therefore, the said selection stands vitiated and is illegal.

The contention of Sri Khare is that the selection of the petitioners cannot be said to be vitiated merely because the election of the Manager who held the selection has been set aside.

Prima facie there appears to be merit in the contention of the learned Senior Advocate. Unless and until some illegality is pointed out in the selection and appointment of the petitioner per-se their appoint cannot be dis-approved merely because the election of the management which conducted the selection has been declared void, as such, selection and appointment would be protected by the defacto doctrine.

Issue notice to respondent no. 5.

Respondent may file counter affidavit within six weeks.

List thereafter.

Till the next date,  operation and implementation of the impugned order dated 15.10.2014 shall remain stayed.

Order Date :- 29.10.2014

M.A.A.