ZAFEER ALI Vs. DISTRICT BASIC EDUCATION OFFICER SANT KABIR NAGAR
LAWS(ALL)-2009-5-324
HIGH COURT OF ALLAHABAD
Decided on May 22,2009

ZAFEER ALI Appellant
VERSUS
DISTRICT BASIC EDUCATION OFFICER, SANT KABIR NAGAR Respondents

JUDGEMENT

V.K.Shukla, J. - (1.) EARLIER in respect of selection and appointment on the post of Coordinators and Assistant Coordinators in the district of Sant Kabir Nagar, matter had travelled up to this Court, and this Court noticing large scale manipulation and manoeuvring on 26.04.2005 had disapproved the entire selection proceedings and had asked the authorities concerned to hold fresh selection in accordance with law, as per Government Orders and the policy formulated in this regard. Said order passed by this Court had been subject matter of challenge in Special Appeal No.602 of 2005, and the Special Appeal Bench approved the view taken by Single Judge, and net effect of the same was that fresh denovo selection proceedings had to be undertaken. Record in question does not reflect as to whether any fresh advertisement had been issued pursuant to order passed by this Court. However, an order, on the basis of which petitioner claims his right, is placed on page No. 19 of the paper book. It reflects that advertisement has been issued, but selection proceedings have not been finalized, and in the meantime by way of stop gap arrangement the incumbents whose name find place in the document at page No. 19 of the paper book, have been appointed as Coordinators and Assistant Coordinators. Thereafter, the District Basic Education Officer on 28.03.2009 has proceeded to recall the aforesaid order. At this juncture present writ petition has been filed. Learned counsel for the petitioner, Sri I.R. Singh, Advocate, contended with vehemence that once selection had not been made and petitioner had been asked to function as Coordinator/Assistant Coordinator on the strength of earlier order passed by this Court the said order could not have been recalled or cancelled. Learned standing Counsel, on the other hand, contended that rightful view has been taken in the facts of case and same, which requires no interference and writ petition deserves to be dismissed, as it has been framed and drawn. After respective arguments have been advanced, factual position which emerges in the present case is that noticing large scale manipulation and manoeuvring on 26.04.2005 this Court had disapproved the entire selection and appointment on the post of Coordinator/Assistant Coordinator, and liberty was given to the authorities concerned to hold fresh selection proceeding, in accordance with law, as per Government Orders and the policy formulated in this regard. Said order passed by this Court had been subject matter of challenge in Special Appeal No.602 of 2005, and the Special Appeal Bench vide order dated 08.05.2006 approved the view taken by Single Judge, and net effect of the same was that fresh denovo selection proceedings have to be undertaken. Record in question does not reflect as to whether any fresh advertisement had been issued pursuant to order passed by this Court. However, the order on the basis of which petitioner claims his right is placed on page No. 19 of the paper book. It reflects that advertisement has been issued, but selection proceedings have not been finalized, and in the meantime by way of stop gap arrangement the incumbents whose name find place in the document at page No. 19 of the paper book, have been appointed as Coordinators and Assistant Coordinators. Thereafter, the District Basic Education Officer on 28.03.2009 has proceeded to recall the aforesaid order. The impugned order passed by District Basic Education Officer is strictly in consonance with the order passed by this Court on 08.05.2006, as fresh selection proceedings were to be undertaken. Once on wrong premises by way of stop gap arrangement petitioner had been appointed and subsequently the said order has been withdrawn, then none of the legal rights of the petitioner are infringed and specially in the backdrop of the case that no process of selection was there. Since more than three years' period has elapsed, as such it is hereby directed that selection proceedings undertaken by the respondents in compliance of the order of this Court be concluded in case same has not been concluded and no back door entry be allowed. In terms of above direction writ petition is disposed of.;


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