TMI Blog2002 (5) TMI 892X X X X Extracts X X X X X X X X Extracts X X X X ..... mediate college known as Majidia Islamia Intermediate College (hereinafter referred to as the college). The aforesaid college is Government aided and is a minority institution. On account of retirement of the existing staff, vacancy on the post of Assistant Teacher in L.T. grade for various subjects came into existence for which in pursuance of the advertisement, petitioners covered by these three writ petitions claim to have been selected. By the order impugned in this petition dated 4.4.2001, approval to the petitioners' appointment have been refused. After receipt of the order of the District Inspector of Schools, management appears to have made a representation pointing out the incorrectness in the order but that has also been rejec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the vacancies on a particular date. If a candidate is willing, he is to apply in pursuance of the advertisement subject to his interview and further process. As the interview has taken place much after the vacancies came into existence, learned counsel for the petitioners submits that it cannot be said to be an irregular process vitiating the selection, if otherwise valid on the merits. It has been further submitted that on the fact of the present case, it cannot be said that the management, in order to extend undue benefit to the petitioners, in a slip shod manner or by making advertisement in the newspaper having no circulation have created such an atmosphere that meritorious candidates may not appear. In the present case, it has been poi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or otherwise. In this connection learned counsel for the petitioners has placed reliance on the decision given in Mohinder Singh Gill and Ors. v. Chief Election Commissioner, New Delhi and Ors. and decision in Surya Kumar Dixit v. D.I.O.S., Jalaun and Ors. 1992 (19) ALR 230. The principle in this connection as has been laid down in para 12 of the judgment in Surya Kumar Dixit (supra), can be thus quoted : The learned standing counsel has tried to justify the order for two additional reasons, which have not been taken into consideration by D.I.O.S. while passing the order of cancellation of approval. As stated earlier, he has tried to justify, the order on the ground that the order of approval was passed due to collusion of a Clerk as we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtised and therefore, on this score alone the entire selection has to be held to be invalid. It has been further submitted that details have been given in respect to the lack of educational qualification of the petitioner No. 2, in the counter-affidavit and therefore, on that score also, selection cannot be accepted to be valid. 5. In view of the aforesaid submissions, on examination of the materials and the pleadings as has been set forth before this Court, there appears to be no dispute about the fact that the vacancies were advertised before they came into existence. It is also admitted that the principal of the college has given due information to the D.I.O.S. about the vacancies which were to come into existence. In this connection, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es at an earlier point of time, when they actually came into existence. In view of the aforesaid analysis, unless some other reason had come either in the order or in the counter-affidavit, besides notification of the vacancies before they came into existence, that in what manner selection is vitiated, the refusal to accord approval, solely on that ground, cannot be said to be justified. 6. So far the submission with regard to the lack of qualification with respect to the petitioner No. 2 is concerned, it appears to have been taken first time in the counter-affidavit and the order of the D.I.O.S. is completely silent on this aspect. As the submission made by the learned standing counsel in this regard requires investigation in the factua ..... X X X X Extracts X X X X X X X X Extracts X X X X
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