The High Court quashed a non-speaking order denying the petitioner's appointment, holding it unsustainable due to lack of reasons, and remanded the matter for a reasoned decision.
Quashed the impugned order and remanded the matter to appellant no.3 to pass a reasoned and speaking order within four weeks.
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Court No. - 7
Case :- WRIT - A No. - 15095 of 2018
Petitioner :- Smt. Sunita Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Kumar Srivastava,Sri Anil Bhushan Sr. Advocate
Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Anil Bhushan, learned Senior Advocate assisted by Sri Amit Kumar Srivastava, learned counsel for the petitioner and the learned standing counsel for the State-respondents.
By the impugned order dated 14.6.2018 passed by the Joint Director of Education, Agra Region, Agra, the approval to the appointment of the petitioner has been denied.
The impugned order merely refers to certain letters and pendency of some matters before the State Government. It does not disclose any reason for disapproving the appointment of the petitioner. Thus, the impugned order is a non speaking order. Under the circumstances, the impugned order cannot be sustained and is hereby quashed.
The matter is remitted back to the respondent no.3 to pass a reasoned and speaking order in accordance with law, expeditiously, preferably, within four weeks from the date of presentation of a certified copy of this order.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 17.7.2018 Ak/
2 issues framed by the court
Whether a non-speaking order denying appointment approval can be sustained?
Whether the petitioner is entitled to a reasoned and speaking order on the appointment?
Smt. Sunita
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
