Smt. Sunila Yadav v. State of U.P. and
Case Details
Court No. - 3 Case :- SPECIAL APPEAL No. - 808 of 2022
Legal Reasoning
Appellant :- C/M Arya Shyama Balika Inter College Respondent :- Smt. Sunila Yadav And 5 Others Counsel for Appellant :- Siddharth Nandan Counsel for Respondent :- C.S.C.,Arun Kumar Tiwari,Kushmondeya Shahi,Narendra Singh Hon'ble Surya Prakash Kesarwani,J. Hon'ble Mohd. Azhar Husain Idrisi,J. Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Akhilesh Kumar Singh, learned counsel for the appellant/Committee of Management, Sri Santosh Kumar Srivastava, learned Additional Chief Standing Counsel for the respondent nos. 2, 4 and 5, Sri K. Sahi, learned counsel for the respondent no. 3/Selection Board, Sri Ashok Khare, learned Senior Counsel assisted by Sri Arun Kumar Tiwari, learned counsel for the respondent no. 1/selected candidate and Sri Narendra Singh, learned counsel for the respondent no. 6. The respondent no. 1 has filed Writ-A No. 19400 of 2022 (Smt. Sunila Yadav Vs. State of U.P. and 5 others) in which the impugned interim order dated 25.11.2022 has been passed, as under:- "1. Heard Sri Arun Kumar Tiwari, learned counsel for the petitioner; Sri A.K.S. Parihar, learned counsel for the Board; Sri Narendra Singh, learned counsel appearing for respondent no.6 and Sri Ajay Singh, learned Additional Chief Standing Counsel for the State-respondents. 2. At the ex parte stage itself, it is undisputed, the petitioner is a candidate duly selected by the Board for appointment as Principal at Arya Shyama Balika Inter College, Bharthana, Etawah. The DIOS, Etawah had issued a communication dated 20.05.2022, requiring the Management of the said institution to issue appointment letter and ensure petitioner's joining at that institution. Six months have passed and the petitioner has been kept waiting. 3. Upon hearing learned counsel for the parties and upon perusal of the record, it transpires, the Committee of Management of the institution is doubting eligibility of the present petitioner. It is being claimed by the Committee of Management, the petitioner does not possess eligibility and the documents being relied are forged. 4. Insofar as the Board has examined the genuineness or otherwise of the eligibility of the petitioner and thereafter allowed her to participate in the selection process and declared her successful, there does not survive any jurisdiction with the Committee of Management to over ride that decision. Any exercise carried by the Committee of Management is found to be conflicted with law and lacking in authority. To allow that exercise to continue would be to dilute the rule of law.
Decision
5. It may also be noted, the writ petition filed by respondent no.6 to hold onto ofÏciating charge has been entertained. However, no interim order granted therein. 6. Matter requires consideration. 7. Issue notice to respondent no.5, fixing 10.02.2023. 8. All respondents may file counter afÏdavit within a period of six weeks. Petitioner shall have two weeks' thereafter to file rejoinder afÏdavit. 9. List on the date fixed alongwith Writ - A No. 4688 of 2022, showing the name of Sri Narendra Singh, also as counsel for the respondent. 10. In the meanwhile, ad interim mandamus is issued to the DIOS, Etawah/respondent no.4 to forthwith ensure the joining of the present petitioner at the above institution. Ad interim mandamus issued shall remain subject to the final outcome of the writ petition." It is undisputed that the respondent no. 1 is a duly selected candidate by the U.P. Secondary Education Services Selection Board (hereinafter referred to as the 'Board'). Pursuant to the selection by the Board, the District Inspector of Schools, Etawah has sent a letter dated 20.05.2022 to the appellant herein directing to permit the respondent no. 1 to join on the post of Principal whose salary shall be paid only after verification of the educational certificates. Since the appellant has not allowed the respondent no. 1 to join on the post of Principal, the appellant herein filed Writ-A No. 19400 of 2022 in which the impugned interim order dated 25.11.2022 has been passed directing the appellant herein to ensure the joining of the petitioner/respondent no.1 in the institution. Against the aforesaid interim order, Committee of Management has filed the present appeal. Learned counsel for the appellant submits that there are some discrepancies in the educational certificates of the selected candidate/respondent no. 1 and, therefore, the Committee of Management is not permitting her to join on the post of Principal. He submits that exercise which is needed to be done, entire papers alongwith afÏdavit submitted by the petitioner/respondent no. 1 has been forwarded by the Committee of Management to the District Inspector of Schools, Etawah. He has drawn the attention of the Court to the provisions of Section 17 of the U.P. Secondary Education Service Selection Board Act, 1982 (hereinafter referred to as the 'Act, 1982') which vests power with the Director of the Selection Board to enquire. that submits Learned Standing Counsel the petitioner/respondent no. 1 is a duly selected candidate whereas the appellant/Committee of Management wants to continue the respondent no. 6 as ofÏciating principal of the institution. He submits that the petitioner/respondent no. 1 first be allowed by the appellant to join on the post of Principal in terms of the order dated 20.05.2022 passed by the District Inspector of Schools, Etawah, who may forward all the relevant papers to the Director of the Board who shall get the papers verified within a time bound period in exercise of powers conferred under Section 16-E(10) of the Intermediate Education Act, 1921 read with Section 17 of the Act, 1982. Learned counsel for the petitioner/respondent no. 1 supports the contention of learned Standing Counsel. Learned counsel for the respondent no. 3 submits that after the selection process is over, the Board has no authority to look further into the matter. Learned counsel for the respondent no. 6 submits that since the appointment has not yet been made by the Committee of Management/appellant herein, therefore, the power cannot be exercised by the Director of the Board under Section 16-E(10) of the Intermediate Education Act, 1921. We have carefully considered the submissions of learned counsel for the parties. With their consent, this special appeal is being finally disposed of with direction to the appellant herein to ensure forthwith the joining of petitioner/respondent no. 1 on the post of Principal. The appellant herein shall forward all the relevant papers including educational certificates and experience certificate to the Director within a week from today alongwith a certified copy of this order. On receipt of the papers, the Director shall ensure verification of those papers which are objected/doubted by Committee of Management/appellant herein. Verification shall be got done by the Director within one month from the date of receipt of the papers aforesaid, in terms of the order dated 20.05.2022 passed by the District Inspector of Schools, Etawah. The appointment of the petitioner/respondent no. 1 on the post of Principal shall be subject to the verification report of the Director and order, if any, required to be passed. Thus, the special is disposed of with the aforesaid directions. Learned counsels for the parties jointly state that Writ-A No. 19400 of 2022 (Smt. Sunila Yadav Vs. State of U.P. and 5 others) may also be disposed of in terms of this order. Accordingly, Writ-A No. 19400 of 2022 (Smt. Sunila Yadav Vs. State of U.P. and 5 others) is also disposed of. Order Date :- 20.12.2022 Rmk. Digitally signed by RAM MURTI KUSHWAHA Date: 2022.12.23 09:59:20 IST Reason: Location: High Court of Judicature at Allahabad