SAROJ CHAUDHARY Vs. STATE OF U P
LAWS(ALL)-2007-1-35
HIGH COURT OF ALLAHABAD
Decided on January 18,2007

SAROJ CHAUDHARY Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.)RAKESH Sharma, J. Heard learned Counsel for the parties and perused the record.
(2.)UNDER challenge is an order dated 25-7-1985 passed by the State Government, cancelling the order of appointment of the petitioner on the post of Principal, Dr. G. Nath, G. Dayal Girls Intermediate College, Unnao. It has been indicated in the order that on the date of appointment the petitioner did not possess P. G. degree i. e. M. A. After issuing the show-cause notice and considering the explanation and hearing the petitioner, the impugned order was passed on 25-7-1985. She was a confirmed Principal.
A Division Bench of this Court had admitted the writ petition on 30-7-1985 and granted an interim order, staying the operation of the impugned order dated 25-7-1985.

As per Sri N. N. Jaiswal, learned Counsel for the petitioner, by virtue of the interim order, the petitioner had been continuing to work as Principal of the said Institution till 15- 9-2006 and receiving salary. The writ petition was dismissed in default on 4-2-2004. However, the writ petition was restored to its original number on 27-9-2006.

(3.)THUS, from the above chronology of events, it is clear that the petitioner has been uninterruptedly working as Principal of the Institution since 1980 i. e. for more than 26 years. As per learned Counsel for the petitioner, the petitioner had held requisite qualifications to hold the post of Principal. She had disclosed all the material facts before the appropriate authority. The petitioner had acquired P. G. Degree (M. A.) in May, 1982 and, therefore, she has not misled the concerned authorities. A selection committee was constituted comprising of five senior experts and higher authorities of the Education Department and after a careful scrutiny, the petitioner was found fit and suitable for appointment/promotion on the post of Principal in the said college.
The petitioner was put on probation against a permanent post and was later on confirmed as Principal of the said Institution. The State Government, ignoring the submissions of the petitioner, had passed the order with a pre-determined mind and pre-judging the issues. It appears that the State Government acting on some complaint had passed the impugned order with a pre-determined mind to remove the petitioner from the post of Principal. Now the petitioner, by virtue of continuance on the post of Principal for the last more than 26 years, has acquired a valuable right.



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