Principal, Gandhi Faiz -A- Aam ... vs State Of U.P. And 4 Others
2019 Latest Caselaw 5971 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Chief Justice's Court
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 510 of 2019
 

 
Appellant :- Principal, Gandhi Faiz -A- Aam College
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Dileep Chandra Mathur,Anuj Laloriya
 
Counsel for Respondent :- C.S.C.,Shailesh Pandey
 

 
Hon'ble Govind Mathur,Chief Justice
 
Hon'ble Vivek Varma,J.

Order on Delay Condonation Application

This appeal is barred by limitation from 8 days. Ignoring the same, we have considered merits of the case.

Order on Memo of Appeal

Mr Shailesh Pandey, Advocate is present for respondent -petitioner.

This appeal is preferred to question correctness of the impugned judgement and order dated 12.4.2019 passed by learned Single Bench in Writ A No. 5665 of 2019 (Mohd Amir Vs State of UP and 4 others) directing President, Committee of Management, Gandhi Faiz-A-Aam College, Shahjahanpur and also the Principal, Gandhi Faiz-A-Aam College, Shahjahanpur to forward the relevant documents to the Regional Higher Education Officer, Bareilly, Moradabad Region, Bareilly in compliance of the letter dated 13.2.2019 within a period of two weeks from the date of receipt of certified copy of the order passed by learned Single Bench.

The argument advanced by learned counsel appearing on behalf of appellant (respondents no. 4 & 5 in the petition for writ) is that petition for writ has been virtually allowed by learned Single Bench without calling upon the present appellant.

According to learned counsel, the appellant, a minority institution, is having no provision for appointment on compassionate grounds and the rules framed by the State Government with regard to appointment on compassionate grounds are not applicable to it. It is asserted that direction given would ultimately adversely effect the fundamental rights of the appellant's institution as enshrined under Article 30 of the Constitution of India.

Per contra, learned counsel appearing on behalf of respondents-petitioner states that direction given by learned Single Bench is quite innocuous and that in no manner caused any injury to the appellant.

Heard learned counsel and examined the impugned judgement.

True it is, no order on merits causing injury to any right of a party must not be passed without calling upon that party. However, in the case in hand, the direction given by learned Single Bench is innocuous and if respondent no. 3 desires to make any order on basis of the material forwarded to it, it shall consider all the objections, which may be raised by the appellant with regard to grant of appointment on compassionate grounds.

Hence, the appeal is disposed of with observation that respondent no. 3, while considering the material/record that may be forwarded in compliance of the direction given by writ court, shall call upon the appellant also and shall also examine all the objections raised on its behalf.

Order Date :- 9.7.2019

RavindraKSingh

(Vivek Varma, J.) (Govind Mathur, C.J.)