Nov - High Court of Judicature at Allahabad
Nov - High Court of Judicature at Allahabad
Nov - High Court of Judicature at Allahabad
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3 All] Jafar Khan V. St<strong>at</strong>e <strong>of</strong> U.P. and others 1025<br />
2. Sri R.K. Yadav, Advoc<strong>at</strong>e for<br />
cave<strong>at</strong>or has also been heard under<br />
Chapter 22, Rule 5(A) <strong>of</strong> the <strong>Allahabad</strong><br />
<strong>High</strong> <strong>Court</strong>, Rules.<br />
3. The petitioner has come up<br />
against the order d<strong>at</strong>ed 27th September,<br />
2007 and 19th October, 2007 whereby the<br />
appointment <strong>of</strong> the petitioner as Class IV<br />
employee in a Government Girls Degree<br />
College has been cancelled on the ground<br />
th<strong>at</strong> the selections held were invalid.<br />
4. The impugned order also recites<br />
th<strong>at</strong> the petitioner had not filed his<br />
certific<strong>at</strong>e with regard to low-vision<br />
before the Competent Authority and in<br />
spite <strong>of</strong> th<strong>at</strong> he was selected.<br />
5. The contention raised on behalf <strong>of</strong><br />
the petitioner is th<strong>at</strong> the impugned order<br />
d<strong>at</strong>ed 27th September, 2007 has been<br />
passed by the Principal Secretary<br />
Government <strong>of</strong> U.P. who is not the<br />
Competent Authority to pass any such<br />
order and further the Director <strong>of</strong><br />
Educ<strong>at</strong>ion had no authority to issue an<br />
order to the Principal <strong>of</strong> the Institution to<br />
cancel the appointment <strong>of</strong> the petitioner.<br />
It is urged th<strong>at</strong> the said orders are without<br />
jurisdiction and consequently both the<br />
orders have been passed without giving<br />
any notice or opportunity to the petitioner<br />
and, therefore, it is in viol<strong>at</strong>ion <strong>of</strong> the<br />
principles <strong>of</strong> n<strong>at</strong>ural justice. The<br />
averments to th<strong>at</strong> effect have been made<br />
in paragraph 19 and 26 <strong>of</strong> the writ<br />
petition. The petitioner has also tried to<br />
justify the certific<strong>at</strong>e issued to him by a<br />
medical practitioner and has urged th<strong>at</strong>,<br />
had the petitioner been given an<br />
opportunity, he would have been<br />
demonstr<strong>at</strong>ed th<strong>at</strong> he was fully qualified<br />
and eligible.<br />
6. Lastly, it has been submitted by<br />
Sri Bheem Singh, th<strong>at</strong> the impugned order<br />
has been passed <strong>at</strong> the behest <strong>of</strong> a member<br />
<strong>of</strong> the Legisl<strong>at</strong>ive Assembly and,<br />
therefore, the impugned orders are<br />
viti<strong>at</strong>ed on the ground <strong>of</strong> malice as well.<br />
7. A counter affidavit has been filed<br />
on behalf <strong>of</strong> the St<strong>at</strong>e as well as also on<br />
behalf <strong>of</strong> the Cave<strong>at</strong>or who is seeking<br />
impleadment. From the perusal <strong>of</strong> the<br />
counter affidavit filed on behalf <strong>of</strong> the<br />
St<strong>at</strong>e indic<strong>at</strong>es th<strong>at</strong> the stand taken is th<strong>at</strong><br />
since the St<strong>at</strong>e Government controls all<br />
Government Institutions, therefore, the<br />
Principal <strong>of</strong> a Degree College is also<br />
under the control <strong>of</strong> Government and<br />
there is no illegality in the issuance <strong>of</strong> the<br />
directions either by the Principal<br />
Secretary or by the Director <strong>of</strong> Educ<strong>at</strong>ion.<br />
8. So far as opportunity is<br />
concerned, it has been st<strong>at</strong>ed in paragraph<br />
16 <strong>of</strong> the counter affidavit th<strong>at</strong> since the<br />
selections were invalid and illegal,<br />
therefore, there was no necessity <strong>of</strong> giving<br />
opportunity <strong>of</strong> hearing to the petitioner.<br />
9. A rejoinder affidavit has also been<br />
filed to the said counter affidavit denying<br />
the aforesaid alleg<strong>at</strong>ions.<br />
10. Learned counsel for the<br />
proposed respondent has also adopted the<br />
same argument and urged th<strong>at</strong> petitioner<br />
has obtained the appointment illegally and<br />
since his appointment is illegal the<br />
direction issued by the St<strong>at</strong>e to cancel the<br />
appointment <strong>of</strong> the petitioner does not<br />
suffer from any infirmity.<br />
11. It remains undisputed between<br />
the parties th<strong>at</strong> the appointment <strong>of</strong> a<br />
Class-IV employee <strong>of</strong> a Government Girls<br />
Degree College has to be made by the