Committee of Management, Crosthwait Girls Inter College vs State of U.P. and Others

M. Katju and R.S. Tripathi, JJ.—Heard- Sri Ashok Khare, assisted by Sri K.M. Asthana, for the appellant. None has appeared for the respondents.

This special appeal has been filed against the judgment of the learned Single Judge dated 16.7.1997. By the impugned judgment it has been directed that the writ petitioner (respondent No. 4 in this appeal) should be appointed in the . Crosthwait Girls Inter College, Allahabad as Hindi Lecturer. The learned Single Judge was of the view that since the writ petitioner has been selected by the U.P. Secondary Education Commission she should be given appointment.

The impugned judgment was passed even without issuing notice to respondent No. 4 i.e., Manager of the College concerned. In our opinion this ground itself is sufficient to vitiate the appointment, because in our opinion the respondent No. 4 was necessary party. Justice requires that the necessary parties who may be affected by a judgment should be heard and evidently this was not done by the learned Single Judge. Hence the rules of natural justice have been violated. Moreover, it has been stated in ground No. 3 of this appeal that the vacancy on which respondent No. 4 was appointed was not even advertised by the Commission nor any selection was conducted by the commission for the post. In 1995 (2) ESC 393, Dr. Yogendra Kumar Gupta v. State of U.P., a Division Bench has held that under U.P. Higher Education Service Commission Act, an appointment can be made only against an advertised vacancy and that too after a selection by the Selection Commission.

In the present case respondent No. 4 Smt. Ghazala Yasmin has been selected and recommended for appointment in another institution namely; B.D. Jain Girls Intermediate College, Agra and not for Crosthwait Girls Intermediate College, Allahabad.

For the reasons given this special appeal is allowed. No order as to cost.