ANISUN NISA AZMI SHRI ABDUL AHAD AZMI Vs. DISTRICT INSPECTOR OF SCHOOLS ZONAL HIGHER EDUCATION OFFICER STATE OF U P

JUDGEMENT

(1.) By an order dated 15.9.2003 passed by Hon'ble the then Chief Justice, all these three petitioners have been assigned to this Bench for hearing. Counter and rejoinder affidavits have been exchanged and with the consent of the learned counsel for the parties, these petitions are being disposed of at the stage of admission itself Since the three petitions are co-related and involve the same controversy, they all have been heard together and are being disposed of by a common judgment.

(2.) The respondent-institution, namely, Jawwad Ali Shah Imam Bara Girls Post Graduate College, Gorakhpur is a recognized institution. It was brought under the grant-in-aid list of the State Government with effect from 1.10.1990. The dispute in these writ petitions relates to the appointment of Head Clerk in the institution. Km. Shahnaz Fatma (petitioner in writ petition No. 8661 of 2003) was initially appointed on 1.9.1981 as the first Clerk of the institution. On 20.7.1988, an advertisement was issued for appointment of a regular clerk. In response to that Km. Shahnaz Fatma applied and after facing the selection committee, she was selected and was regularized on the post of Clerk. The said Km. Shahnaz Fatma claims that she had been promoted on the post of Head Clerk/Accountant with effect from 26.10.1988 on a vacancy which occurred because of the termination of the services of one Smt. Anisun Nisha Azmi (petitioner in writ petition No. 27517 of 1994).

(3.) The said Anisun Nisha Azmi claims to have been appointed as Head Clerk of the institution vide order dated 12.6.1984 passed by the Manager of the Committee of Management of the institution. As such, it is her case that after joining on 1.7.1984, she continued to work on the post of Head Clerk in the respondent-institution. The said Smt Anisun Nisha Azmi claims that her appointment had been made after she had faced the regular selection process, which is however disputed in the counter affidavits filed by Km. Shahnaz Fatma and the educational authorities. Thereafter, the services of Smt. Anisun Nisha Azmi had been terminated by an order dated 26.10.1988 passed by the Secretary/Manager of the Institution on the ground that on the date of the meeting of the selection committee, which was held on 13.10.1988, although she was called for interview, but as per the rules, since she was found to be overage and lacking the requisite qualifications, hence she was found unfit for selection on the post of Head Clerk. The said order was challenged by Smt. Anisun Nisha Azmi in writ petition No. 25027 of 1988. On 21.12.1988 this Court stayed the operation of the order dated 26.10.1988. In the meantime the respondent-institution came under the grant-in-aid list of the State Government with effect from 1.10.1990.