The petitioner challenged the rejection of his appointment claim for a Clerk post. The court held that eligibility must be determined based on the vacancy date (1.10.2014), not subsequent amendments. The petition was allowed.
Order dated 15.5.2019 quashed; case remitted to District Inspector of Schools to pass fresh order within one month.
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Court No. - 36
Case :- WRIT - A No. - 7658 of 2020
Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nipun Singh,Sumit Suri Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Sumit Suri, learned counsel for the petitioner and learned Standing Counsel for the State.
Present writ petition has been filed to challenge the order dated 15.5.2019, passed by District Inspector of Schools, Saharanpur. By that order, the District Inspector of Schools has rejected the representation made by the petitioner. He has thus, refused appointment claimed by the petitioner on Class-III post (Clerk) at B.D. Bajoriya Inter College, Sharanpur.
Having heard learned counsel for the parties and having perused the record.
Present petition deserves to be allowed, inasmuch as, in the light of the decision of learned Single Judge of this Court in the case of Virendra Singh vs. State of U.P.; 2014 (1) AWC 176, it cannot be disputed that the relevant date, to consider the eligibility condition, is the date of occurrence of vacancy, being 1.10.2014. Therefore, the eligibility prescribed, would have to be considered with reference to that date, in view of the law laid down in paras-12 and 13 of Virendra Singh (Supra)
Undisputedly, the petitioner held qualification as were prescribed on that date. Therefore, subsequent amendment
made to the regulation, introducing the qualification of CCC from DOEACC, cannot be enforced in the present case.
It is admitted by both the parties that there is no contrary law.
In view of the above, the writ petition is allowed.
The order dated 15.5.2019 passed by District Inspector of Schools, Saharanpur is hereby quashed. The matter is remitted to the District Inspector of Schools, Saharanpur to pass appropriate order afresh in the light of the observations made above. Such exercise may be completed within a period of one months from the date of production of certified copy of this order.
Order Date :- 14.10.2022 Shiraz
Digitally signed by SHIRAZ ALI Date: 2022.10.21 12:50:25 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether eligibility conditions for appointment should be considered based on the date of vacancy or the date of rejection of representation.
Colour shows how this judgement treated each authority
Virendra Singh vs. State of U.P.Relied on¶8
Virendra Singh vs. State of U.P.; 2014 (1) AWC 176
Manoj Kumar
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
