NEELAM MITTAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS Writ Petition has been filed challenging the order dated 20th December, 2006 by which the Director of Education has granted the selection grade to respondent No. 7.

(2.) SRI Prakash Padia learned Counsel appearing for respondent Nos. 2 and 3 has raised a preliminary objection regarding the maintainability of the Writ Petition at the behest of the petitioner contending that the selection grade is personal to respondent No. 7 and by grant of such grade, the petitioner has not suffered any legal injury. He, therefore, submitted that the petitioner cannot claim any relief whatsoever as no legal injury has been caused to her.

(3.) IN Dayaram Asanand Gursahani v. State of Maharashtra & Ors. , AIR 1984 SC 850, the Hon'ble Apex Court interpreted the provisions of Bombay Judicial Service Recruitment Rules, 1956, which also included the provision for grant of selection grade. The Apex Court held that the Rules were meant to give a selection grade to an individual officer if his service for a particular prescribed period is found satisfactory. Therefore, in such an eventuality, selection grade was not given by selection but on the basis of seniority subject to found unfit.