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Allahabad High Court · body

1992 DIGILAW 228 (ALL)

Kumari Prabhawati Dikshit v. U. P. Madhyamik Shiksha Sewa Ayog and ano

1992-02-18

M.KATJU

body1992
JUDGMENT M. Katju, J. - The petitioner claims to have a brilliant academic career. She has done Master of Arts in both psychology as well as Education and has completed her L.T. On 11th August, 1984 an advertisement was published in the news paper 'Amrit Prabhat' inviting applications for the post of Lecturer in District Board Girls' Inter College, Sirsa in the subject of Education. The petitioner applied for the said post and she was called for interview which was held on 1561989 However, thereafter nothing happened and she was compelled to file a writ petition in this Court and this Court passed an order dated 1691991 to the effect that the petitioner should make a representation. The petitioner made several representations but to no avail and hence she has been compelled to file thus petition. 2. A counteraffidavit has been filed in which it has been stated that the State Government had passed order dated 2291989 banning selection and appointment of Lecturers and L.T. Grade teachers. Letter dated 20111991 has been annexed to the counteraffidavit which refers to the Government Order dated 28111991. 3. By my order dated 18121991 I directed the learned counsel for the respondent No. 1 to file a supplementary affidavit annexing a copy of G.O. dated 2291989 as well as the order dated 307.91 and I had also directed the State Government to file counteraffidavit and clarify under what provision of the U.P. Intermediate Education Act the ban order dated 2291989 was issued. The only counteraffidavit, which has been filed before me is that of the Commission but there is no counteraffidavit of the State Government. In the supplementary counteraffidavit of the Commission copies of the Government orders dated 2291989 and 307199I have been annexed. In these Government orders it has been stated that for the time being the selection process of ad hoc L.T. Grade and lecturer grade teachers should be stopped. 4. I have not been shown any provision under which such a general ban can be issued for stopping selection of lecturers and L.T. Grade teachers. There is no such provision in the U.P. Secondary Education Services Commission and Selection Board Act, 1982. In fact, the Government orders dated 2291989 and 3071991 are contrary to the provisions of the U.P. Secondary Education Services Commission Act. There is no such provision in the U.P. Secondary Education Services Commission and Selection Board Act, 1982. In fact, the Government orders dated 2291989 and 3071991 are contrary to the provisions of the U.P. Secondary Education Services Commission Act. A bare perusal of the provisions of the said Act shows that appointments have to be made only on the recommendation of the Commission except as provided in Section 18, Section 4(b) to (d) to Section 33 and 33A. There is no power conferred by the said Act on the State Government which permits the State Government to ban selections by the Commission. The State Government has no power to stop the Commission from performing its functions which have been entrusted to it by the Legislature. Hence the Government orders dated 2291989 and 3071991 are illegal and ultra vires. 5. The Government orders dated 2291989 and 3071991 are also, in my opinion, arbitrary, and hence violative of Article 14 of the Constitution. It is wholly unreasonable to ban ad hoc appointments of teachers in High School and Intermediate Colleges, particularly since it is well known that the Secondary Education Commission often does not select regular teachers even long after the vacancy is notified. Hence, unless ad hoc appointments are made the teaching work will surfer. To ban such appointments is, therefore, clearly arbitrary. 6. For these reasons, the Government orders dated 2281989 and 3071991 are declared illegal and arbitrary, and are hereby quashed. The Commission shall now consider the case of the petitioner, and give its decision within six weeks of production of a certified copy of this judgment before it. 7. The writ petition is allowed. There shall be no order as to costs 8. A copy of this order may be given to the learned counsel for the parties on payment of usual charges within a week.