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C/M SARASWATI INTER COLLEGE AND ANOTHER versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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C/M Saraswati Inter College And Another v. State Of U.P. And Others - WRIT - A No. - 59255 of 2007 [2007] RD-AH 18627 (5 December 2007)

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).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 26

Civil Misc. Writ Petition No. 59255 of 2007

Committee of Management , Sarswati Inter College,

Suira, Varanasi and another

Versus

State of U.P. and others

Hon'ble V.K. Shukla, J.

In respect of validity of appointment of Rajeev Lochan Shukla, earlier matter had travelled up to this Court vide writ petition No.36011 of 1998, and this Court on 20.06.1998 had allowed the aforementioned writ petition, asking the District Inspector of Schools to look into the matter and do the needful within three months. Pursuant to order passed by this Court, District Inspector of Schools again took up the matter and decided in favour of Rajeev Lochan Shukla. At this juncture, present writ petition has been filed, questioning the decision taken by District Inspector of Schools, Varanasi.

Sri Vikas Budhwar, learned counsel for petitioner, contended with vehemence that in the present case, this Court on earlier occasion had given categorical direction to take appropriate decision in accordance with law in respect of petitioner's claim, dealing each and every issues as may be placed before him, so that appropriate finding may come, but the District Inspector of Schools has failed to discharge the duty which was cast upon him, as the validity of appointment has not at all been examined and in mechanical manner directives have been issued for payment of salary to Rajeev Lochan Shukla.

Sri Chandan Kumar, learned counsel appearing for Rajeev Lochan Shukla, initially, supported the impugned order passed by the District Inspector of Schools, but looking to the tenor of the order conceded to the situation that no exercise has been undertaken by the District Inspector of Schools, and in mechanical manner without considering the claim of petitioner, order impugned has been passed. Operative portion of the impugned order is being excerpted below:

^^;kph @ izfroknh }kjk izkIr djk;s x;s fyf[kr vfHkdFkuksa ,oa lk{;ksa rFkk ekuuh; mPp U;k;ky; esa ;ksftr ;kfpdk la[;k 39723 @ 96 esa ikfjr vkns'k fnukad 11-12-1996 ds vuqikyu esa rRdkyhu ftyk fo|ky; fujh{kd okjk.klh ds fu.kZ; fnukad 20-06-98 ds fo:) ;kph }kjk ekuuh; mPp U;k;ky; esa ;ksftr ;kfpdk la[;k 36011@98 esa foHkkx }kjk fnukad 27-03-2003 dks izfr'kiFk i= nkf[ky fd;s tkus ds i'pkr~ ekuuh; mPp U;k;ky; }kjk ikfjr fu.kZ; fnukad 26-05-2006 esa ekuuh; mPp U;k;ky; }kjk fn;s x;s oS/kkfud igyqvks ij fopkjksijkUr bl fu"d"kZ ij igqWapk x;k fd izdkUrj esa izHkkoh dfBukbZ fuokj.k vkns'k 1982 ds vUrxZr ,y0Vh0 osrueku esa ;kph dh fu;qfDr izcU/k ra= }kjk rnFkZ :i ls izLrkfor dh x;h Fkh fdUrq ;kph ds izLrkfor fu;qfDr dh i=koyh ftyk fo|ky; fujh{kd dk;kZy; esa le;kUrxZr izsf"kr ugha dh x;h Fkh ftls ekuuh; mPp U;k;ky; us vius fu.kZ; fnukad 26-05-2006 }kjk oS/kkfud vk/kkj u ekurs gq, ;kph }kjk ;ksftr ;kfpdk la[;k 36011@98 dks lDlhM ,.M ,ykmM dj fn;k x;kA

vLrq ekuuh; mPp U;k;ky; ds mDr fu.kZ; esa fn;s x;s vkns'kksa ,oa mHk; i{kksa }kjk izkIr djk;s x;s i=tkrksa @ lk{;ksa ,oa dFkuksa ds ifj'khyu ds mijkUr ;kph dks ,y0Vh0 osrudze esa osru Hkqxrku dh lgefr] vk;ksx }kjk p;fur vH;FkhZ ds dk;ZHkkj xzg.k djus dh frfFk rd ;k foHkkx @ 'kklu @ ek0 m0U;k0 }kjk dksbZ vU;Fkk vkns'k gksus rd] tks Hkh iwoZ gks rd ds fy,] iznku fd;k tkuk U;k; laxr izrhr gksrk gSA

fu.kZ;

vLrq ;kph Jh jktho ykspu 'kqDy] lgk;d v/;kid ,y0Vh0 ljLorh b.Vj dkyst] lqfM+;k] okjk.klh dks vk;ksx }kjk p;fur vH;FkhZ ds dk;ZHkkj xzg.k djus dh frfFk rd] foHkkx @ 'kklu @ ek0 m0U;k0 }kjk ;kph ds izdj.k esa dksbZ vU;Fkk vkns'k gksus rd ds fy, osru Hkqxrku dh lgefr] bl vkns'k fuxZeu dh frfFk ls fo|ky; ds osru forj.k lank; [kkrs ls iznku dh tkrh gSA bl izdkj ekuuh; mPp U;k;ky; ds vkns'k fnukad 26-05-2006 ds vuqikyu esa izdj.k fuLrkfjr fd;k tkrk gSA

g0 &

¼vkadkj 'kqDy½

ftyk fo|ky; fujh{kd]

okjk.klhA**

A perusal of the said order clearly reflects that no reasons have been recorded by the District Inspector of Schools. as to why he was according financial sanction to the appointment of Rajeev Lochan Shukla. The District Inspector of Schools has totally misdirected himself and failed to discharge the duty cast upon him and without examining the matter in its correct perspective on the basis of claim set up by parties, has proceeded to pass the impugned order. The order runs into 16 pages. In first 15 pages he has noted down the case of the respective parties and when occasion came to decide the issues, complete silence has been maintained by him and merely on whims and fancies order impugned has been passed. The order is perse bad.

Consequently, writ petition succeeds and is allowed. The impugned order dated 14.11.2007 is hereby quashed and set aside and the matter is remitted back to the District Inspector of Schools, for being decided in its correct perspective, keeping in view the full Bench judgment of this Court in the case of Radha Raizada Versus Committee of Management Vidyawati Darbari Girls Inter College, and others 1994 (3) UPLBEC 1551.

05.12.2007

SRY.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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