- (1.) THIS writ petition has been filed by the Committee of Management as the petitioner no. 1 and the Manager of the Institution -D.A.V. Inter College, Tatiri District Baghpat as the petitioner no. 2 challenging the order dated 23.9.2013 whereby the financial approval in respect of appointment one Amit Kumar on the post of clerk has been rejected by the District Inspector of Schools, Baghpat.
(2.) A preliminary question was raised by this Court regarding maintainability of this writ petition by the Committee of Management or by the Manager particularly when the candidate whose interest is being convassed by the petitioners himself is not a petitioner before this Court.
(3.) SHRI Prabhakar Awasthi, learned counsel for the petitioner submitted that in the past also petitions have been filed by the Committee of Management against the order of the District Inspector of Schools where the District Inspector of Schools has rejected the grant of financial approval. The question arises that if the selected candidate whose interest is being carried by the Committee of Management himself does not come forward as the petitioner whether his interest can be advanced by the Committee of Management or by the Manager. The problem can be illustrated assuming that in case the candidate under selection gets a better job in some other department and does not come to canvass his interest where he is not a petitioner but he is impleaded as a respondent in the petition filed by the Committee of Management or Manager and even if on notice being issued to him he does not respond to the notice and the Court proceeds ex -parte to hear the writ petition on behalf of the Committee of Management and may be the order of the District Inspector of Schools may be quashed and directions may be issued to pass fresh order or directions are also issued subsequently and fresh order is also passed by the District Inspector of Schools, subsequently and when this exercise is carried out the candidate himself may be working in some other department and may not be interested in the service for which the Committee of Management has filed the writ petition. Such an exercise is nothing but abuse of process of the court. There is another aspect of the situation where ex -parte orders are passed where the selected candidate who is a respondent does not contest the writ petition and directions are issued to the authority to carry out certain directions and the authority does not carry out the same, contempt proceedings are initiated which may result in punishment of the authority and during all this time the candidate under selection may have got a better job in some other department and may not be interested in the cause of the writ petition. Whether such an exercise should be undertaken by the court in a writ petitoin filed by the Committee of Management or Manager of the Institution?;