Sheo Raj Singh vs Mang. Committee Of Nehru Adarsh ...
1999 Latest Caselaw 209 Del

JUDGMENT

K. Ramamoorthy, J.

1. The writ petition has been field by Shee Raj Singh challenging the appointment of 4th respondent as the Vice Principal of the School. The 4th respondent has filed C.W.No. 4282/95 for the following reliefs:

Under the facts and circumstances stated upon it is humbly prayed that this Hon'ble Court may kindly be pleased to issue appropriate writ, direction or order thereby directing the respondents to allow the petitioner to join and work as Vice-Principal with all the consequential benefits, in the interest of Justice.

2. The facts culminating in the filling of the present writ petition could be narrated thus. The post of the Vice Principal in Nehru Adarsh Senior-Secondary School fell vacant on 5.12.1994. Even before that date the School Management sought clarification in this matter and the Deputy Director Education DDE (Act) had written to the Secretary and Manager Raisina Bengali School, Chittranjan Park, New Delhi, as to how this should be done. The letter reads as under:

To The Secretary and Manager Raisina Bengali School Chitranjan Park New Delhi1-110019

Sir,

This is with reference to your letter No. RBS/CR/124/94-95 addressed to the Director of Education seeking clarification therein regarding promotion to the post of PGT (Eng) in the school. In this context, with the approval of Director of Education, I am to inform you that:

(i) In accordance with recruitment rules for the post of TGT (Eng.) it has clearly been mentioned that it is "selection" post.

(ii) Thus, eligible incumbents in the zone of consideration working as assistant teachers in the school can be considered by the DPC required to be constituted under rule 96 of DSER 1973.

(iii) In pursuance of Sub-rule (6) of Rule 91 of DSER 1973, the DPC/Selection Committee has been empowered to regulate its own procedure.

(iv) In case of selection by promotion of an internal candidate merit will prevail over seniority.

(v) Accordingly, seniority on the basis of the date of birth of the individual will not be determining factor.

Yours faithfully, Sd/-

(SHABBIR AHMED) D.D.E.(Act)

3. Therefore, the vacancy had to be filled up on the basis of merit. On 18.1.1995 the DPC of the School met for selecting a suitable candidate. The proceedings of the DPC would read as under:

A meeting of the D.P.C. constituted vide letter No. DE-47/Z-X/3/(7)/94/4527 dated 5.12.94 for filling up the vacant post of Vice-Principal in Nehru Adarsh Sr. Sec. School, East Old Seelampur, Delhi-110031 was held on 18.1.95 at 2.00 p.m. in the school premises under the Chairmanship of Sh. Kalu Singh Premi (Nominee of the Chairman of the Managing Committee of concerned School), the following members were present:

1. Sh. Kalu Singh Premi, Chairman

2. Miss. R.R. Shanti Devi, D.D.E. (T.V.)

3. Dr.K.K.Gulati, E.O., Zone-X, Distt. East.

4. Sh. Rajendra Paul, Subject Expert, Principal, G.B.S.S.S., Gandhi Nagar No.2, Delhi-110031.

5. Sh. Bishamber Singh, Principal of the concerned school.

All the relevant documents of 5 Senior most P.G.Ts were perused and discussed. Chairman of the D.P.C. and Principal of the concerned school recommended the name of Sh.Sheo Raj Singh, P.G.T. at Sl.No.2 of the Seniority list for promotion to the post of Vice-Principal on the basis of merit as per record. But the rest of the members of the D.P.C.(Govt. Nominees) disagreed because they stressed to fill up the post on the basis of Seniority only.

As per verbal discussion in the D.P.C. meeting it was decided to take the Expert advice from the Act Branch, Directorate of Education, Delhi Administration, Delhi. Hence the name of the recommended candidate (Sh. Sheo Raj Singh) was kept secret till the Expert advice is received from Act Branch.

1. Kalu Singh Premi, Chairman of the D.P.C.

2. Bishamber Singh, Principal of the concerned school.

4. There were some differences of opinion. On the same day the Managing Committee of the school met and decided as follows:

English Version of the Resolution of the Managing Committee held on 18.1.95.

A meeting of the Managing Committee of Nehru Adarsh Sr.Sec.School, East Old Seelampur, Delhi-110031 held on 18.1.95 at 7.00 p.m. in the school office under the Chairmanship of Chairman Sh. Dhiraj Singh.

Resolution No.2: After getting the permission from the Chairman Sh. Dhiraj Singh, the Manager Sh. Kalu Singh Premi put up the resolution that a discussion may be made on the decision taken by the D.P.C. Meeting held on 18.1.95 at 2.00 P.M. in the school office for the selection to the post of Vice Principal and its further proceedings. This resolution was supported by Treasurer Sh. Ram Kishan Sharma. The Manager informed that the following D.P.C. members were present in the D.P.C. Meeting held on today.

1. Shri Kalu Singh Premi - Chairman (Nominee of the Chairman of the School Managing Committee).

2. Miss R.R. Shanti Devi - Member (D.D.E.T.V.).

3. Dr. K.K. Gulati - Member (E.O. Zone-X , Distt. East).

4. Sh. Rajender Paul - Subject Expert - Member (Principal G.B.S.S.School, Gandhi Ngr. No.2).

5. Sh. Bishamber Singh - Member (Principal of concerned School).

The discussion was started on the above quoted subject and all the relevant documents were perused regarding the 5 Senior most P.G.Ts. After that the Govt. Nominees stressed to make the base of seniority only for selection to the post of Vice-Principal. But they could not produce any documentary proof in its support. While the Chairman and the Principal of concerned school emphasised to make the base of Recruitment rules for its selection and pointed out that it is a selection post and it is to be filled on the basis of merit-cum-seniority and they referred the departmental letters and circulars in its support. Ultimately no unanimous decision was taken and the meeting was adjourned undecided.

After getting the details of discussion made in the meeting of today's D.P.C. from the Manager. The mutual discussion was made on the subject and the resolution was passed unanimously by the Managing Committee that we all agree with the views of the Chairman (Nominee of the Chairman of the Managing Committee) and the Principal of concerned school. And this decision was also taken unanimously that the Correspondence may be made from D.D.E.(Act) to get the detailed information regarding the above quoted subject.

In the end the Chairman disbursed the meeting by giving the vote of thanks to all the members of the Managing Committee.

1. Chairman (Sh. Dhiraj Singh) signed.

2. Manager (Sh.Kalu Singh Premi) signed with date.

3. Vice Chairman (Sh. Satish Kumar Garg) signed.

4. Treasurer (Sh. Ram Kishan Sharma) signed.

5. Member Executive (Sh. Shyam Lal Jain) Absent.

6. Member Executive (Sh. Pratap Singh) signed.

7. Member Executive (Sh. Daya Ram Verma) signed.

8. Principal (Sh. Bishamber Singh) signed.

9. Teachers Representative (Sh. Balzor Singh Verma) signed.

10. Teachers Representative (Sh. Ziley Singh) signed.

11. P.T.A. Representative (Sh. Suresh Singh) signed.

12. Departmental Nominee (Principal, Bhartiya Mahila Sr.Sec.School Shahdara) Absent.

13. Departmental Nominee (Principal, Sanatan Dharam (Sr.Sec.School, Shahdara), Absent.

14. Departmental Nominee (Principal, G.S.S.School, Kailash Nagar, Delhi) absent.

15. Departmental Nominee (Principal, G.B.S.S.School, Mansarovar Park Delhi) Absent.

5. On 23.1.1995, the School Management sought expert advice from DDE (Act) to fill up the post of Vice Principal. The letter dated 23.1.1995 reads as under:

D.D.E.(Act)

Act Branch, Dte. of Education, Old Secretariate, Delhi.

Expert Advice to fill up the post of Vice-Principal.

I have the honour to state that a meeting of D.P.C. held on 18.1.95 2.00 p.m. in the school premises to fill up the vacant post of Vice-Principal. The following members were present in the meeting:

Sh. Kalu Singh Premi, Chairman (Nominee of the Chairman of the Managing Committee of concerned school).

6. On 27.1.1995, the Legal Assistant of the Director (Education Act Branch) wrote to the School as under:

DIRECTORATE OF EDUCATION (ACT BRANCH)

No. 546 dated 27.1.1995

To

The Manager,

Nehru Adrash Sr.Sec.School

East Old Silampur,

P.O.Gandhi Nagar,

Delhi-110031.

Sub: Expert advice to fill up the post of Vice-Principal.

Sir,

This is with reference to your letter dated 23.1.1995 on the subject cited above. In this connection, I am directed to state that the selection is to be made out of the candidates in the zone of consideration strictly on the basis of merit. You may take action accordingly.

Your faithfully,

Sd/-

(Mohd. Zaffar Khan)

Legal Asstt.

7. On 31.1.1995, the School wrote to the DDE stating that the selection had to be made only on the basis of merit and the School requested the DDE (T.V.) to consider and pass an order.

NEHRU ADARSH SENIOR SECONDARY SCHOOL (RECOGNISED & AIDED) East Old Silampur P.S. Gandhi Nagar Delhi -110031.

To

Miss. R.R. Shanti Devi

D.D.E.(T.V.)

Dte. of Edn. Delhi, Admn.

Lodhi Estate

New Delhi.

Sub: Information regarding the DPC on 18.1.95 to fill up the post of Vice Principal.

Madam,

I have the honour to state that the meeting of D.P.C. held on 18.1.1995 at 2.00 p.m. in the school premises to fill up the vacant post of the Vice Principal. The following members were present in the meeting:

1. Sh. Kalu Singh Premi, Chairman (Nominee of the Chairman of the Managing Committee of concerned school).

2. Miss R.R. Shanti Devi, Member (D.D.E.T.V.).

3. Dr. K.K.Gulati, Member (E.O.) Zone X Distt. East).

4. Sh. Rajinder Pal, Member Subject Expert (Principal G.B.S.S.S.) Gandhi Nagar No.2).

5. Shri Bishamber Singh, Member (Principal of the concerned school).

All the relevant papers/documents of the five senior most P.G.Ts were perused and discussed. The D.E.'s Nominees stressed to fill up the said post on the basis of seniority only but they could not produce any documentary proof in its support. While the Chairman and the Principal of concerned school, emphasised to fill up the said post on the basis of recruitment rules. As it is clearly mentioned in recruitment rules that it is a selection post and it should be filled on the basis of merit and not seniority. They referred para IV of the letter No.11195 dated 14.9.94 issued by D.D.E. (Act) to Secretary and Manager, Raisina Bengali School, Chitranjan Park, New Delhi-110015, in which it is clearly mentioned as under:

In spite of all the facts no unanimous decision was taken by the D.P.C. members and the meeting as adjourned undecided.

As per oral discussion in the D.P.C. meeting it was decided that an expert advice may be taken from D.D.E. Act (Act branch, Old Secretariate) Delhi, in this regard. The matter was put up in the meeting of Managing Committee held on 18.1.1995 at 7.00 p.m. The resolution was passed unanimously by the Managing committee to take the expert advice from D.D.E. Act. The case was submitted to D.D.E.(Act) and the reply received vide letter No.540 dated 27.1.1995 from D.D.E. Act clearly indicates that the selection is to be made out of the candidate in the zone of consideration strictly on the basis of merit. Hence, in our opinion the merit is the only base for selection of Vice Principal.

It is submitted for your kind information.

8. On 14.2.1995, the Managing Committee passed the resolution appointing the petitioner as Vice Principal on the basis of the merit. On 10.3.1995 the School Management wrote to the Director of Education seeking approval of the appointment of Sheo Raj Singh P.G.T. the petitioner in CW 2617/95. On 12.5.1995, the Deputy Director of Education (East) wrote to the School stating:

OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION: DIST. (EAST), RANI GARDEN: GEETA COLONY, DELHI.

     No.DDE/E/95/2377              dated 12.5.95
     To 
     The Manager, 
     Nehru Adarsh Sr.Sec.School,
     East Old Seelampur, 
     Delhi.
 

Sub: Promotion to the post of Vice Principal in Nehru Adrash Sr.Sec.School, Old Seelampur.

Sir,

Consequent upon the recommendation of D.P.C. and after having being approved by the Competent Authority, Shri Raghu Raj Singh, IPGT of your school is hereby promoted to the post of Vice Principal in your school with immediate effect.

9. On 15.5.1995, the school wrote to the Deputy Director Education in reply to the letter dated 12.5.1995 stating.

NEHRU ADARSH SENIOR SECONDARY SCHOOL (RECOGNISED & AIDED) East Old Silampur Near Kanthi Nagar Extn.

Delhi-110031.

To Dy.Director fo Education, Distt. East, Rani Garden, Geeta Colony, Delhi-110031.

Sub: Promotion to the post of Vice Principal in Nehru Adrash Sr.Sec.School, East Old Seelampur Delhi-110031.

Sir,

With reference to your letter No. DDE/E/95/2377 dated 12.5.95, I have the honour to inform you that a meeting of the Managing Committee of the school is being called shortly to put up the matter in the meeting and take the necessary action accordingly regarding the promotion of Shri Raghu Raj Singh P.G.T. to the post of Vice-Principal in the school. Information in this regard will be intimated to you accordingly.

Thanks,

10. On 16.5.1995, the 4th respondent Raghu Raj Singh wrote to the school permitting him to join as Vice Principal. The letter reads as under:

To, The Manager, Nehru Adrash Sr.Sec.School, East Old Seelampur, Delhi.

Sir,

I have to state that my promotion as Vice-Principal has been approved by the Competent Authority and has been conveyed to your honour vide letter No.DDE/E/95/2377, dated 12.5.95. I, therefore, requested your honour to kindly allow me to join as Vice-Principal and oblige.

11. On 20.7.1995, the school wrote to Shee Raj Singh 4th respondent in CW No.4282/95 that his appointment as Vice Principal is under consideration with the Managing Committee of the school and he will be informed about the same.

12. On 2.8.1995, Shri Raghu Raj Singh, petitioner in CW 4282/95 wrote the school that he should be permitted to take over charge as Vice Principal.

Dated 2.8.1995 To The Manager, Nehru Adrash Sr.Sec.School, Old Seelampur, Delhi.

Through proper channel).

Sub: Vice-Principal-Promotion-charge.

Sir,

I have already requested you verbally and in writing as well that after promotion and approval thereof by the Competent Authority and department for the post of Vice-Principal. I have not been handed over the charge. In this behalf there has already been such delay which is not in the interest of any one.

Kindly allow me to take over the charge of the post of Vice-Principal.

13. On 11.8.1995, the Education Officer (III) Dr. K.K.Gulati wrote to the School stating:

OFFICE OF THE EDUCATION OFFICER, ZONE: III, DIST: EAST RANI GARDEN: GEETA COLONY: DELHI.

     No.DE/47-Z-III-3(4)/95/4069                        dated 11.8.95
     To 
     The Manager,
     Nehru Adrash Sr. Sec School,
     Old Seelam Pur, 
     Delhi.
 

Sub: Promotion of Sh. Raghu Raj Singh, PGT to the post of Vice-Principal

Sir,

Your attention is invited to this office letter No.2377 dated 12.5.1995 issued by the DDE (East) in which it was stressed that Sh. Raghu Raj Singh is promoted as Vice-Principal with immediate effect. It has come to the notice that orders have not been implemented as far.

The DDE(East) has taken a very serious view of it. You are once again requested to comply the orders immediately under intimation to the undersigned so that the matter be apprised to the higher authorities.

14. On 16.8.1995, the Managing Committee passed the resolution that the appointment of Mr. Raghu Raj Singh can be made only after the writ petition filed by Mr. Shee Raj Singh is disposed of.

15. On 22.8.1995, the Education Officer (III) (Dr. K.K.Gulati, wrote to the school:

OFFICE OF THE EDUCATION OFFICER: ZONE-III DIST:EAST:

RANI GARDEN:GEETA COLONY:

DELHI.

     No.DE-47/Z-III/3(4)/95/4263        Dated: 22/8/95
     To 
     The Manager, 
     Nehru Adrash Senior Sec. School,
     Old Seelampur,
     Delhi.
 

Sub: Promotion of Sh. Raghu Raj Singh, PGT to the post of Vice Principal.

Sir,

Your attention is invited to this office letter No.4069 dated 11.8.95 in which you were advised to implement the orders conveyed to you vide letter No.2377 dated 12.5.1995. It has come to the notice of undersigned that the said orders have still not been implemented so far.

You are once again, requested to make the compliance of the said orders by 28.8.1995 positively, failing which it will be presumed that you are not interested to make the compliance and matter will be referred to higher authorities for taking action under the provision of D.S.E.R. 1973.

16. On 18.9.1995, Raghu Raj Singh again wrote to the school to hand over charge. In the third week of July the petitioner Shee Raj Singh had filed the writ petition in this Court. The main contention on behalf of the petitioner is that the appointment has to be in accordance with law and the basis of the selection must be on merit. The notification issued under Section 8(1) of Section 13 of the Delhi School Education Act, 1973 by which the rule had been issued is placed on record as Annexure P-1. The qualifications prescribed are as under:

RECRUITMENT RULES FOR THE POST OF VICE-PRINCIPAL WORKING IN THE GOVT.

AIDED SCHOOLS AND RECOGNISED SCHOOLS IN THE UNION TERRITORY OF DELHI.

Name of   Scale of  Whether        Age limit      Educational
the post  pay       selection      for direct     qualifica-
                    post or        recruits       tions.
                    non-
                    selection


Vice-     Rs.650-30 Selection      (a) Not        Essential:
Principal    -740                  exceeding      
          35-810-EB                45 years       (a) Master's 
          -35 880-40               (relaxable     degree with 
          -1000-EB                 by 5 years     at least second 
          40-1200.                 for a can-     division from a
                                   dates be-      recognised
                                   longing to     University or
                                   Scheduled      equivalent.*
                                   Castes/Sche-   (b) Degree in 
                                   duled Tribes   Teaching/Educa-
                                                  tion from a 
                                                  recognised
                                                  University or 
                                   (b) Age re-    equivalent.
                                   laxable in     (c) 10 years 
                                   case of the    experience of 
                                   candidates     teaching as TGT
                                   belonging to   or 5 years
                                   the same       experience of 
                                   school.        teaching as PGT
                                                  *Condition of 
                                                  second division
                                                  relaxable in case
                                                  of candidates
                                                  belonging to the 
                                                  same school and 
                                                  also in case 
                                                  of Schedule 
                                                  Castes, 
                                                  Scheduled 
                                                  Tribes.
                                                  Desirable:
                                                  (i) Experience in
                                                  administrative 
                                                  charge of a 
                                                  recognised 
                                                  Higher 
                                                  Secondary 
                                                  School, 
                                                  Intermediate 
                                                  College.
                                                  (ii) Doctorate        
                                                  Degree.
                                                  (iii) M.Ed.Degree 
                                                  from a 
                                                  recognised 
                                                  University.
whether        period    method of      In case   If a selection
age and        of        recruitment    of re-    Committee 
educational    proba-                   cruitment exists what is  
qualification  tion                     by pro-   its composition.
prescribed                              motion/
for direct                              deputation
recruitment                             transfer
will apply                              grades
in the case                             from which
of promotion.                           promotion/
                                        deputation
                                        transfer to 
                                        be made.

1.Age No.      One       Dy             Promotion out  The Selection
               year      promotion      of(i) PGT/HM   Committee as
2.Qualifi                failing        the same       prescribed under
  cation                 which          school with    the Delhi
 yes except              by direct      at least 5     Education Act 
 as indicated            recruit-       years exp-     and Rules.
 in Col.No.5             ment.          eirence as 
                                        PGT/HM.
                                        (ii) PGT's 
                                        with at least
                                        10 years ex-
                                        perience as
                                        TGTs in case
                                        of Secondary 
                                        Schools.
 

Note: Competent Authority may relax the essential qualifications in exceptional case of the candidates of the same school, after recording reasons therefor.

17. In 1989, the department of Personnel and Training had issued Office Memo laying down the procedure to be adopted by the office for selection and that was communicated to the all concerned by the Joint Secretary. It is stated in para 2.3.1. as under:

2.3.1. The list of candidates considered by the DPC and the overall grading assigned to each candidate, would form the basis for preparation of the panel for promotion by the DPC. The following principles should be observed in the preparation of the panel:

(i) Having regard to the levels of the posts to which promotions are to be made, the nature and importance to duties attached to the posts a Bench mark grade would be determined for each category of posts for which promotions are to be made by selection method. For all, Group 'C', Group 'B' and Group 'A' posts upto (and excluding) the level of Rs. 3700-5000 excepting premention for induction to Group 'A' posts of services from lower groups the Bench mark would be 'good'. All officers whose overall grading is equal to or better than the Bench marks should be included in the panel for promotion to the extent of the number of vacancies. They will be arranged in the order of their inter se seniority in the lower category without reference to the overall grading obtained by each of the them provided that each one of them has an overall grading equal to or better than the Bench mark of 'good'.

Wherever promotions are made for induction to Group 'A' posts or services from lower groups, the Bench mark would continue to be 'good'. However, officers graded as 'outstanding' would rank en-bloc senior to them who are graded as 'Very good (and officers grades as Very good' would rank en-bloc senior to those who are graded a 'good' and placed in the select panel accordingly upto the number to vacancies, officers with same grading maintaining their inter-se seniority in the feeder post.

(ii) In respect of all posts which are in the level of Rs.3700-5000 and above, the Bench mark grade should be 'very good'. However, officers who are graded as 'outstanding' would rank enbloc senior to them who are graded as 'very good' and placed in the select panel accordingly upto the number of vacancies, officer with same grading maintaining their inter-se seniority in the feeder post.

(iii) Appointments from the panel shall be made in the order of names appearing in the panel of promotion.

(iv) Where sufficient number of officers with the required Bench mark grade are not available within the one of consideration, officers with the required Bench mark will be placed on the panel and for unfilled vacancies, the Appointing Authority should hold a fresh DPC by considering the required number of officers beyond the original zone of consideration.

18. The above guidelines would give an indication as to what should be the grade of the officers to be taken into account in assessing the merit.

19. There is no dispute that the procedure prescribed has to be followed by the DPC. The 4th respondent does not also dispute the merit of the petitioner. The case of the 4th respondent is that at the entry point the petitioner was junior to him and therefore, later when they were promoted to the higher post of P.G.T. in the year 1998, the petitioner has to be below the 4th respondent and he was more meritorious than the petitioner. The fact that the petitioner had secured Second Division in Master Degree and the 4th respondent secured 3rd Division is also not disputed. The further case of the 4th respondent is that there was a difference of opinion between the General Secretary in the DPC and other three Members who represented the department and the majority of three members expressed the view that the 4th respondent should be appointed and according to the 4th respondent when there was such a division the opinion of the majority of the DPC should prevail and applying that mode the 4th respondent should have been appointed as Vice Principal. According to the 4th respondent, on 12.5.1995 an order was passed by the Education Officer appointing the 4th respondent as the Vice Principal of the School.

20. The petitioner satisfies the requirement of the rules for being appointed as a Vice Principal. The District Education Officer while passing the order on 12.5.1995 had proceeded on the premise that the majority view of the DPC should prevail. That was the basic error committed by the District Education Officer.

21. It is well settled that appointments have to be made only as per the provisions of the Recruitment Rules. In case any relaxation has to be made the candidates in wheresoever the relaxation is to be made has to be considered and the relative merit of all the candidates should be considered and relaxation can be made only if meritorious candidates satisfying the recruitment rules are not available. Therefore, having regard to the facts and circumstances and the rules the petitioner ought to have been appointed as the Vice Principal by the District Education Officer.

22. Mr. H.S. Chaudhary, the learned Counsel for the 4th respondent submitted that the ACRs of the 4th respondents as noticed by the DPC are as follows:

1989-90 1990-91 1991-92 1992-93 1993-94 Good Average V.Good V.Good Average (Good) (Good)

23. Mr. H.S. Chaudhary, the learned Counsel for the 4th respondent realising the situation submitted that for the year 1993-94 the ACRs had not been properly recorded.

The 4th respondent had been down-graded and that was done without giving any notice to the 4th respondent, and therefore, even for 1993-94 he should be deemed to have been graded as very goes. The learned Counsel for the 4th respondent Mr. H.S. Chaudhary relied upon the judgment of the Supreme court in for the proposition that down-grading cannot be done without giving an opportunity to the officer concerned. It is too late for the 4th respondent to advance such an argument. He had accepted the decision of the DPC and when he does not satisfy the requirement of the rules, the grading in the ACRs 1993-94 is not quite relevant. Therefore, We have no hesitation in coming to the conclusion that the petitioner should be deemed to have been appointed with effect from 5.12.1994 and the district Education Officer is directed to issue 5.12.1994 as Vice Principle will be taken into account in future for further promotion in his batter. The order dated 12.5.1995 issued by the Deputy Education Officer is set aside.

24. Accordingly, the writ petition of Sheo Raj Singh stands allowed in terms aforementioned. There shall be no order as to costs.

25. In view of the above, the Writ Petition No. 4282/95 filed by Shri Raghu Raj Singh stands dismissed.