Court No. - 18 Case :- WRIT - A No. - 38626 of 2010 Petitioner :- Manvendra Singh Respondent :- State Of U.P. And Others. Petitioner Counsel :- Ajay Bhanot Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Let the District Inspector of Schools, who had issued the order dated
13th February, 2009 (enclosed as Annexure-4 to the writ petition) as
well as the Regional Joint Director of Education, who was working as
such on 12th February, 2009 appear before this Court on Monday i.e.
12th July, 2010 along with their personal affidavits and original records
pertaining to selection and appointment of respondent nos. 8 to 12 on
class IV posts in Smith Intermediate College, Azamgarh, which has
since been approved by the aforesaid two authorities for the purposes
of payment of salary through State exchequer. Both the aforesaid
officers may also explain that if the Court comes to the conclusion that
the said appointments have been made in teeth of the statutory
provisions, why the Court may not pass an order for the entire salary
which has been paid to such illegal appointee being recovered from
the aforesaid two officers.
Prima facie from the records it appears that the advertisement
published by the Committee of Management of the institution for the
post in question was cancelled on 30th January, 2009. However, within
two days of such an order of cancellation of the advertisement, Mr.
Mahendra Kumar Mishra, who was officiating as the then District
Inspector of Schools, Azamgarh, is stated to have approved the said
selection/appointment on the recommendation of the Regional Level
Committee dated 12th February, 2009.
It has become necessary for the Court to examine as to what
procedure was followed before approval of the said appointments and
what documents were available with the education authorities on the
basis whereof such approval has been granted.
Put up this matter on Monday i.e. 12th July, 2010.
(Arun Tandon, J.)
Order Date :- 6.7.2010
Sushil/-