STATE OF U P Vs. IRFAN AHMAD SIDDIQUI

JUDGEMENT

(1.) State of U. P. through Secretary (Education), U. P. Government, Lucknow and Additional Director of Education (Secondary) U. P., Allahabad have preferred this Special Appeal against Judgment and order dated 5.11.1997 passed by learned single Judge in Writ Petition No. 22407 of 1987. Irfan Ahmad Siddiqui v. State of U. P. and another, under Article 226, Constitution of India, claiming a writ of certiorari to quash the impugned orders dated 31st December 1985. 4th September, 1986. issued by Additional Director of Education (Secondary) U. P. and 17th June, 1987. passed by Director of Education (Annexures-9, 19 and 20 to the writ petition).

(2.) The facts of the case are as follows :

(3.) Petitioner, (in response to an advertisement issued by the Government of Nigeria in the year 1981 inviting application for appointment of teachers in that country) submitted application on 1.5.1981 to the F.A.S., Home Ministry Government of India through respondent No. 2. Additional Director Education (Secondary) for forwarding the same to the Embassy of Nigeria. Advance copy was also sent directly to the said Embassy. Admittedly, said application was not forwarded by respondent No. 2 and no permission granted to participate in any proceedings for selection/or taking up an assignment with the Nigerian Government. Petitioner's request in this connection was rejected vide order dated 2.7.1981 (Annexure-1 to the writ petition). But on receiving telegram from Nigerian Government, he appeared at the interview on August 17. 1982, held at Nigerian High Commission. Petitioner did not challenge the aforesaid order dated 2.7.1981 for more than a year and, in absence of requisite permission to take up assignment outside the country maintaining Hen on his present post (writ pp. 22), appeared at the interview in defiance of the order refusing permission. In the writ petition, there is no explanation for the period between 2.7.1981 to 17.8.1982. Petitioner's letter dated 21st August. 1982, to the Additional Director of Education (Secondary), Annexure-2 to the writ petition also contains reference to the letter dated 2.7.1981.