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Yogendra Rai v. State Of U.P. & Others - SPECIAL APPEAL No. 472 of 2006 [2006] RD-AH 9575 (15 May 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This special appeal has been filed against the judgment and order dated 5.4.2006, by which the writ petition of the appellant/petitioner for quashing the order of termination of his services by respondent College on the ground that it did not have financial capacity to pay salary, has been rejected.

The appellant/petitioner had been issued the appointment letter by the Manager of the respondent no. 4 School without advertising the vacancy, on 8th August, 2005 on ad hoc basis, with a clear stipulation that he would not be paid any salary whatsoever. The said appointment had subsequently been withdrawn vide order dated 22nd March, 2006 as the said appointment could not be approved by the statutory authority.

Though the  learned Single Judge has not given reasoning for dismissal of the writ petition except that the Committee of Management was not in a position to pay the salary, however, there is no procedure making such an appointment as it would amount to 'begaar' which is prohibited under Article 23 of the Constitution. No appointment, even in non-aided School, can be made without advertising the vacancy and seeking approval of the statutory authority.

In such a fact-situation, the appointment of the appellant/petitioner itself has been in contravention of the statutory provision and no relief can be granted. The Court should not quash an order which may revive a wrong order. (Vide Gadde Venkateswara Rao Vs. Government of Andhra Pradesh & Ors., AIR  1966 SC 828; Maharaja Chintamani Saranath Shahdeo Vs. State of Bihar & Ors., (1999) 8 SCC 16; Mallikarjuna Mudhagal Nagappa & Ors. Vs. State of Karnataka & Ors., (2000) 7 SCC 238; and Chandra Singh Vs. State of Rajasthan & Anr. JT 2003 (6) SC 20).

Appeal is accordingly dismissed.


AKSI/spl appeal 472/06


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