STATE OF U.P. Vs. MAHENDRA PALIWAL

JUDGEMENT

(1.) When in the institution known by the name of the Junior High School, Sayer, Maudaha, District - Hamirpur, a sanctioned post of assistant teacher in the subject in English fell vacant, the Committee of Management had sought the permission of the Basic Education Officer to initiate the proceedings for recruitment on the said post. The permission for recruiting on the post of assistant teacher was granted vide order dtd. 18/5/2018. In pursuance thereof, advertisements were issued in newspapers having wide circulation on 23/5/2018. The petitioner/respondent no.1 along with other candidates applied for interview and after a due process of selection, the petitioner's name was recommended for selection vide recommendation dtd. 12/3/2019. The select committee, comprising the principal of the school, Manager of the Committee of Management of the Institution and the Block Education Officer, who was the nominee of the Basic Education Officer, had made the necessary recommendation. However, when the Basic Education Officer had declined on 23/11/2021, to grant the approval of the selection of the petitioner/respondent no.1 on the ground that the process of selection as was adopted by the Selection Committee was contrary to the provisions of Rule 10(1) of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, (hereinafter referred to as "the Rules of 1978) stating that only two names were recommended in the panel of selected candidates by the Select Committee instead of 3 names as was mandatorily provided in the Rule 10 of the Rules of 1978, Writ ' A No. 404 of 2022 (Mahendra Paliwal vs. State of U.P. and 4 others) was filed.

(2.) The procedure for selection is provided in Rule 10 (1) of the Rules of 1978 and since the learned counsel for the appellants took the Court through the Rule 10 of the Rules of 1978, it is being reproduced here as under:-

(3.) The writ petition i.e. Writ ' A No. 404 of 2022 was after the exchange of affidavits allowed vide order dtd. 11/7/2022, whereby the order dtd. 23/11/2021 was quashed and a mandamus was issued to the District Basic Education Officer to revisit the issue pertaining to the grant of approval of the petitioner's selection. After the matter was remanded back, the Basic Education Officer once again decided the issue afresh and by an order dtd. 14/11/2022 once again disapproved the appointment as was made by the Committee of Management of the Institution. The petitioner again, therefore, filed Writ ' A No. 19311 of 2023 challenging the order dtd. 14/11/2022. When that writ petition on 10/1/2024 was allowed, the instant Special Appeal has been filed by the State of U.P. and others essentially on the following two grounds:-