Allahabad High Court
Vinay Kumar Singh And Another vs State Of U P And 3 Others on 1 August, 2019
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 11067 of 2019
Petitioner :- Vinay Kumar Singh And Another
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Ajay Kumar Giri,Surendra Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 25.7.2019:-
"Submission is that without any justifiable cause and without affording an opportunity of hearing petitioner's initial appointment has been cancelled.
Learned Standing Counsel states that the selection proceedings were neither transparent nor the Committee made its recommendation as was expected of it.
Let necessary records in respect of such stand be placed by the respondents before the Court, by the next date fixed.
Put up as fresh on 1.8.2019."
Pursuant to the order passed on the previous occasion, learned Standing Counsel has produced the original records. It is stated that the then District Homoeopathic Medical Officer, Ballia, proceeded to offer appointment to the petitioner without conducting any selection proceedings, in accordance with law. It is also submitted that the proceedings were never approved by the District Magistrate, though under the relevant Government Orders his approval was mandatory. The original proceedings of selection have been placed before the Court, alongwith it a chart has been annexed, which contains the list of applicants, who have applied for the post. At the end of the chart an endorsement is contained, as per which the Committee has found Sri Vijay Kumar Singh to be the best candidate.
The selection proceedings nowhere reflects as to what was the criteria followed by it for selection to the post in question. Neither any merit has been prepared nor any marks have been given by the five member committee. The proceedings for selection were initiated pursuant to orders of the District Magistrate and apparently the signatures of District Magistrate were required which were never made. The manner in which the entire proceedings have been undertaken clearly supports respondents' contentions that fairness and transparency was lacking. Petitioner's appointment was otherwise not approved by the District Magistrate. Though the then District Homoeopathic Medical Officer allowed joining to the petitioner but no salary was paid. It is also submitted that the then District Homoeopathic Medical Officer was about to retire and in undue haste, the selection has been undertaken without due process of law.
In view of the records produced before the Court, this Court finds that proceedings of selection would not withstand the test of judicial scrutiny under Article 226 of the Constitution of India. In such circumstances, if petitioner's engagement on the post of Yoga Trainer has been discarded, no exception can be taken to it. The respondents shall be at liberty to advertise the post and consider the claim of all eligible applicants, in accordance with law. Petitioner shall also be at liberty to apply and his claim shall also be considered. The District Magistrate will also take a decision with regard to payment of salary, in case petitioner has actually worked, as is being alleged by him.
With the aforesaid observations, writ petition stands disposed of.
Order Date :- 1.8.2019
Anil
