Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 19 of 2009 Petitioner :- State Of U.P. And Another Respondent :- Dr. (Smt.) Saroj Kumari And Another Petitioner Counsel :- K.S. Kushwaha,S.C. Respondent Counsel :- P. Padia,Sc Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
Order on Civil Misc. Delay Condonation Application No.6342
of 2009
This application has been filed for condoning the delay in filing
the appeal.
For the reasons given in the affidavit filed in support of the delay
condonation application, the delay in filing the appeal is condoned.
Application stands allowed.
Order on memo of Special Appeal.
Heard learned Standing Counsel for the State and Sri Prakash
Padia, learned Counsel for respondent No.1.
The dispute relates to the appointment of respondent No.1 against
a short term vacancy which had fallen vacant prior to
promulgation of the Government Order dated 25th of January,
1999. The papers with regard to the selection and appointment of
respondent No.1 were forwarded to the District Inspector of
Schools for approval, but the same was turned down by order
dated 3rd of November, 2000 on the ground that the Management
had no authority to proceed to make any selection or appointment
against the said vacancy. The order was challenged in a writ
petition and the learned Single Judge has arrived at the conclusion
that the Management had the authority to make the appointment as
the appointment was in consonance with the Removal of
Difficulties Order, 1981 and accordingly allowed the writ petition
which has given rise to the present appeal.
Learned Standing Counsel has proceeded to justify the order
impugned in the writ petition contending that the Deputy Director
of Education had the authority to proceed to make ad hoc
appointment.
In view of the aforesaid facts, the finding of the learned Single
Judge cannot be faulted with inasmuch as it has now been settled
through a series of decisions that prior to notification of the
Government Order dated 25th of January, 1999, the Committee of
Management was the competent authority to make ad hoc
appointments against a short term vacancy.
In view of the aforesaid reasons, we do not find any error in the
judgment of the learned Single Judge. No case for interference is
made out. Appeal stands dismissed.
Order Date :- 13.7.2010
VMA
(F.I. Rebello, C.J.)
(A.P. Sahi, J.)