ABHA RANI Vs. REGIONAL INSPECTRESS OF GIRLS SCHOOL

JUDGEMENT

(1.) WE have heard learned counsel for the parties. The Special Appeal No.(318) of 2013 has been filed by Km. Abha Rani, the petitioner -appellant and Special Appeal No.(320) of 2013 has been filed by Arya Kanya Pathshala Inter College, Muzaffar Nagar through its Manager, against the judgment of learned Single Judge dated 4.2.2013. The delay in filing both the special appeals was condoned by order dated 15.4.2014.

(2.) AN advertisement was carried out inviting applications for appointment of Lecturer in 'Drawing and Painting' in Arya Kanya Pathshala Inter College, Muzaffarnagar, on the posts reserved for Scheduled Castes/ Scheduled Tribes and Other Backward Classes. The advertisement provided that in case suitable candidates are not available, the vacancies can be filled up by general category candidates. Out of the 11 candidates who had applied, 5 were absent on the date fixed before the Selection Committee. Amongst the six, who had appeared Km. Abha Rani, the petitioner was placed at Sl.No.1, Km. Vijay Bhatnagar at Sl.No.2 and Km. Adarsh Kumari at Sl.No.3 by the Selection Committee on the basis of calculation of the marks obtained by them in the qualifying examinations. The Manager of the college appointed Km. Abha Rani vide appointment letter dated 29.1.1981. She joined on 2.2.1981.

(3.) THE Manager of the college submitted an explanation on 12.2.1981 to the Regional Inspectress of Girls School, Meerut stating that Km. Abha Rani, the petitioner has joined on 2.2.1981. So far as validity of her appointment is concerned, the Selection Committee had verified the documents and the eligibility of the candidates. The selections were made in accordance with the relevant rules. On enquiries made from the District Inspector of Schools, Muzaffarnagar, no information was given, which made it compulsory for the Committee of Management to appoint the candidate only from reserved categories. Smt. Omwati Pal, the candidate belonging to OBC was found wholly unsuitable for the post. Smt. Abha Rani was not paid salary. She filed Writ Petition No.4853 of 1981 in which after considering the facts and circumstances of the case an interim order was passed directing the payment of her salary. The writ petition remained pending with interim order operative throughout. On 13.12.2010 this Court after taking into consideration the validity of the appointment after a period of 29 years observed that the entire claims set up by the petitioner is farce. The appointment was illegal as the procedure prescribed under the U.P. Intermediate Education Act of 1921 (the Act) was not followed. Neither any selection committee was constituted in accordance with Section 16F of the Act nor any selection was held in the manner prescribed. The Court making terse observations held that a person like the petitioner with the help of the management succeeded in drawing salary from the State exchequer without being appointed after following the statutory procedure, must be put to terms and thus not only entire salary, which the petitioner has drawn is to be recovered, exceptional costs should also to be imposed. The interim order was vacated with directions by way of interim measure dismissing the writ petition with costs of Rs.50,000/ - to be deposited with the Registrar General of the Court, failing which the amount will be recovered from the District Magistrate. The writ petition was kept pending.