DAYAL LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed challenging the order of termination/cancellation of appointment dated 13. 1. 97 (Annex. 3 ).

(2.) THE facts and circumstances giving rise to this case are that the posts of Physical Education Teachers were advertised and the petitioner applied for the same. THE selection process was held. His name appeared in the select list and he was appointed vide order dated 11. 12. 96 (Annex. 1 ). Petitioner joined the said post on 23. 12. 96 (Annex. 2 ). His appointment has been cancelled vide order dated 13. 1. 97 (Annex. 3) on the ground that he had wrongly been selected treating as Scheduled Caste candidate though petitioner belonged to Other Backward Class and when this mistake was rectified, his name could not appear amongst the successful candidates. Hence this Writ Petition.

(3.) IN State of U. P. vs. O. P. Gupta (3), the Hon'ble Apex Court had observed that Courts have to examine whether the non- observance of any statutory provision or principle of natural justice have resulted in deflacting the course of justice. IN S. L. Kapoor vs. Jag Mohan (4), the Hon'ble Supreme Court has held that where from admi- tted or undisputed fact, only one conclusion is possible and under the law only one course is permissible to be adopted, the Court should not enforce the observance of principles of natural justice for the reason that it would amount to issuing a futile writ.