JAGAT SINGH Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) J. C. S. Rawat, J. 1. This special Appeal under Chap ter VIII rule 5 of the High Court Rules has been preferred against the judgment and order dated 02-07-2001 passed by the learned single Judge in Civil Writ Petition No. 1691 of 2001 (S/s) - Ram Dhari Bharti and others Vs. The Director of Education (Secondary) U. P at Allahabad and others whereby the learned single Judge dismissed the petition.

(2.) WE have heard learned counsel for both the parties and perused the record.

(3.) THE petitioner pleaded in his pe tition that the cancellation order passed by the D. I. O. S. did not indicate the rea son for cancellation of the appointment of the appellant and it was further pleaded that no opportunity of hearing, whatsoever, was given to the appellant at any stage while canceling his appoint ment, as such, the order of cancellation of the appointment of the appellant was patently illegal and, thus, can not be sustained in the eyes of law. THE re spondent had filed the counter affidavit in which they had stated that in the gov ernment orders it was clearly mentioned that prior to making any direct appoint ment on the post of Class 'd' category the names of legible candidates must be called from the Employment Exchange and it is also mentioned that without fol lowing the procedure none of the ap pointment would be made. It was fur ther pleaded that in the present case the Principal had not adhered to the Gov ernment Orders issued in this behalf prior to making of the appointment of the appellant. His appointment was ini tially illegal and his appointment was made against the government orders, as such, no right had been conferred upon him for getting the regularization. His services could not have been regularized.