C/M Shri Gopal Inter College Thru. ... vs State Of U.P. Thru. Prin.Secy., ...
2021 Latest Caselaw 3612 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Chief Justice's Court
 

 
Case :- SPECIAL APPEAL No. - 150 of 2021
 

 
Appellant :- C/M Shri Gopal Inter College Thru. Manager Dinesh Chandra Pa
 
Respondent :- State Of U.P. Thru. Prin.Secy., Secondary Education & Others
 
Counsel for Appellant :- Nagendra Bahadur Singh
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 
Hon'ble Govind Mathur,Chief Justice
 
Hon'ble Siddhartha Varma,J.

This appeal is preferred to question correctness of the judgment dated 11.02.2021 passed by learned Single Bench in Service Single No. 4386 of 2021.

The sole case of the appellant is that the vacancy against which appointment was accorded to respondent no. 5 pertains to promotion quota, as such, was not opened to be filled in by direct recruitment.

On going through the record, we do not find any merit with the argument advanced.

Suffice to state that, at the first instance, on 06.11.2013, a requisition was sent to the competent Authority to initiate the process of selection against the existing vacancy. The process of selection came to be initiated in the year 2016. It is stated that on 21.08.2015, it was communicated to the competent Authority that vacancy for which requisition was sent pertains to promotion quota but, overlooking to the same, notification was issued in the year 2016.

On asking, learned counsel stated that after initiation of the process of selection in the year 2016, no objection too was raised by any existing employees whose promotional rights were said to be adversely affected.

The Committee of Management, if had any grievance about initiation of process of selection in the year 2016, should have objected the same. The Committee instead of that allowed to get the entire process completed and further even to accord appointment to the person selected. The conduct of the appellant, as such, stops it from questioning the selection in question.

No interference, as such, is warranted.

The appeal is dismissed.

Order Date :- 15.3.2021

Shubham

.

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