State Of U P And 3 Others vs C/M Lalitraj Singh Junior High School ...
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Allahabad High Court

State Of U P And 3 Others vs C/M Lalitraj Singh Junior High School ... on 4 January, 2024

Author: Ashwani Kumar Mishra

Bench: Ashwani Kumar Mishra

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:1291-DB
 
Court No. - 32
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 933 of 2023
 

 
Appellant :- State Of U P And 3 Others
 
Respondent :- C/M Lalitraj Singh Junior High School And Another
 
Counsel for Appellant :- C.S.C.,C.S.C.
 
Counsel for Respondent :- Anil Kumar Yadav
 

 
Hon'ble Ashwani Kumar Mishra,J.
 

Hon'ble Syed Qamar Hasan Rizvi,J.

(Ref: Civil Misc. Delay Condonation Application)

Heard Sri Ratan Deep Misra, learned Standing Counsel for the State and Sri Anil Kumar Yadav, learned counsel for the respondents.

Delay in filing the present appeal is explained to the satisfaction of the Court. Delay is, accordingly, condoned. Office is directed to allot regular numbers to the present appeal.

Application stands allowed.

Ref: Appeals

Recruitment in the institution was to be governed by the provisions of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment And Conditions of Service of Teachers) Rules, 1978. A detailed procedure is laid down as per which a selection committee has to be constituted under Rule 9 which consists of a nominee of the District Basic Education Officer. The advertisements were published where-after selection proceedings had been undertaken in accordance with the Rules of 1978. The selection, however, has been nullified by the District Basic Education Officer, Gorakhpur vide his order dated 06.11.2019 on the ground that a decision has been taken by the State on 31.10.2019 stalling the entire recruitment process undertaken by the State of U.P. in accordance with the Rules. A further decision has been taken not to undertake any selection proceedings. Admittedly, recruitment in the institution had concluded much prior to the decision taken on 31.10.2019.

Learned Single Judge has taken the view that once recruitment has been undertaken in accordance with the Rules of 1978, it would not be open for the District Basic Education Officer to retrospectively apply the decision taken by the State on 31.10.2019, for stalling the recruitment process. The recruitment having been undertaken in accordance with the Rules of 1978, a subsequent decision taken by the State cannot be relied upon to nullify the selection. The view taken by learned Single Judge is clearly in accord with the Division Bench judgment of this Court in Special Appeal No.136 of 2023. Detailed reasons have been given by the Division Bench in its judgment dated 17.3.2023 to hold that the decision of the State cannot be retrospectively enforced.

Though detailed arguments have been made on behalf of the State but the proposition of law laid down by learned Single Judge is not shown to be either incorrect or contrary to any provision of the applicable Act or the Rules. The decision otherwise is in accordance with the judgment of the Co-ordinate Bench in Special Appeal No.136 of 2023.

The appeal filed by the State thus lacks merit and is, therefore, dismissed.

Order Date :- 4.1.2024

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