Special Appeal dismissed. The High Court Single Bench correctly affirmed the refusal of appointment for the Post of Principal due to non-compliance with Government Order and conducting selection authority during an invalid period.
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Court No. - 21
Case :- SPECIAL APPEAL No. - 659 of 2018
Appellant :- C/M Jain Kanya Uchchatar Madhaymik Vidyalaya And Another Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Vineet Kumar Singh,Shri H. N. Singh Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
Under the judgment impugned dated 16th July, 2018 learned single Bench dismissed the petition for writ by affirming the order dated 18th May, 2018 refusing approval for appointment to Smt. Mamta Jain as Principal of the College on the count that her selection was not in accordance with the Government Order dated 12th March, 2018.
Learned single Bench dismissed the petition for writ on the count that the process of selection was initiated under an advertisement dated 31st December, 2017 but the post so advertised came to be lapsed subsequent thereto and was revived on 15th April, 2018 only. The process of selection conducted in between the period aforesaid was absolutely without authority.
The facts stated above in quite unambiguous terms indicates that on 4th February, 2018 the appellant-Management Committee had no authority to complete the process of selection as the vacancy available stood lapsed. As already stated, the vacancy aforesaid was revived only on 15th April, 2018. Prior to 15th April, 2018, no process of selection could have been conducted by the appellant.
Learned single Bench as such rightly affirmed the Government Order dated 18th May, 2018.
The appeal is dismissed being bereft of merit.
Order Date :- 27.7.2018 Bhaskar
(Chandra Dhari Singh, J.) (Govind Mathur, J.)
3 issues framed by the court
Whether the selection process for Principal of College was conducted without authority due to lapsed vacancy.
Whether the High Court Single Bench correctly dismissed the writ petition affirming the refusal of appointment.
Whether the special appeal by the Management Committee is bereft of merit.
2 provisions across 2 enactments
C/M Jain Kanya Uchchatar Madhaymik Vidyalaya
State Of U.P.
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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