Surendra Singh vs State of U.P. and Others

The present special appeal has been filed against the judgment and order dated 8th July, 2011 passed by the learned Single Judge whereby the learned Single Judge while disposing of the writ petition preferred by the Respondent No. 6 herein had directed the said Respondent to represent the matter before the Secretary, U.P. Secondary Services Selection Board, Allahabad and which was to be decided within period of six weeks and till the decision is taken status quo on the post of Principal, Gochar Krishi Inter College, Rampur Maniharan, Saharanpur shall be maintained.

We have heard Sri V.K. Singh, learned Counsel for the Appellant, learned Standing Counsel, who represents Respondent Nos. 1, 3 and 4, Sri K.S. Kushwaha, who represents Respondent No. 2 and Sri Ashok Khare, learned Senior Counsel, assisted by Sri Ajai Kumar appearing for the Respondent No. 6 and have perused the impugned judgment and order dated 8th July, 2011 passed by the learned Single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it.

Sri V.K. Singh, learned Counsel for the Appellant submitted that the Appellant had filed a caveat on 18th May, 2011 and without giving any notice to him the matter has been taken up and decided ex parte without issuing any notice to the Appellant. He thus submitted that the order dated 8th July, 2011 is liable to be set aside on this ground.

He further submitted that the panel of placement of the selected candidates for the post of Principal had since been modified by the Board on 20th June, 2011 which fact has deliberately been concealed by the Petitioner (present Respondent No. 6) from the Court and had this fact been brought to the notice of the Court, the Court would not have directed for maintenance of the status quo on the post of Principal in Gochar Krishi Inter College, Rampur Maniharan, Saharanpur.

From a perusal of the copy of the caveat which finds place at page 100 of the paper book we find that the caveat was filed against Sri Raj Kumar Panwar, Officiating Principal of Gochar Krishi Inter College, Rampur Maniharan, Saharanpur in which Sri Narendra Bahadur Singh, the Petitioner (present Respondent No. 6) was not arrayed as a party and no notice of the caveat was given to Narendra Bahadur Singh. Thus, Sri Narendra Bahadur Singh did not have any inkling about the caveat having been filed for the proposed challenge to the post of Principal, Gochar Krishi Inter College, Rampur Maniharan, Saharanpur and, therefore, rightly no notice or copy of the petition was given to the Appellant before filing the writ petition. Thus, the order passed by the learned Single Judge cannot be said to suffer from any legal infirmity on this ground.

So far as the plea that the Board had modified the panel of placement on 20th June, 2011 is concerned suffice it to mention that the writ petition was filed sometimes in May, 2011 even though it was taken up and decided finally on 8th July, 2011. It is not clear as to whether the modified placement list dated 20th June, 2011 was in the knowledge of Sri Narendra Bahadur Singh or not. That being the position we are of the considered opinion that the Appellant has a remedy to make an application for recall of the judgment and order dated 8th July, 2011 passed by the learned Single Judge instead of approaching this Court in special appeal by bringing on record the new development. We, therefore, decline to interfere in the order dated 8th July, 2011 passed by the learned Single Judge leaving it open to the Appellant to move an appropriate application before the learned Single Judge for recall of the order dated 8th July, 2011. If such an application is filed, we hope and trust the same will be decided expeditiously in accordance with law.

With the aforesaid observation the special appeal stands dismissed.

Dismissed.

For order see order of date passed on the separate sheets. 3.11.2011