SANJAY GUPTA AND ORS.versusSTATE OF U.P. AND ORS.

                        SAN.JAY GUPTA AND ORS.                                     A
                                       v.
                         STATE OF U.P. AND ORS.

                               SEPTEMBER 27, 1995

           !S.C. AGRAWAL AND B.P. JEEVAN REDDY, JJ.]                               B

      Subordinate Offices Ministelial Staff (Disllict Rec111itment) Rules, 1985
: Rule 22.

       Registration Clerks-Appointment of-Te11nination-Wiit-Clwl-                  C
lenge-High Cowt dismissing wtit without examining the question whether
selection was in contravention of Rules-Maller remitted to High Cowt for
reconsideration on 111erits.

      The appellants were appointed as Registration Clerks in the office
of Sub-Registrar, Jhansi. Pursuant to the directions given by the Inspector        D
General of Registration to terminate the services of daily wages Clerks, the
services of the appellants were terminated by treating them Registration
Clerks appointed on daily wage basis. The appellants claimed that their
case was different inasmuch as they were not employed on daily wage basis
but had been appointed on regular basis. Their petition challenging the            E
termination order was heard along with other matters of the Registration
Clerks who had been appointed on daily wages but was dismissed by the
High Court by a common judgment. The appellants preferred appeal
before this Court. On behalf of the State it was pleaded that the appellants'
selection was defective ab initio as it was made in contravention of Rule 22
of the Subordinate Ollices Ministerial Staff (District Recruitment) Rules,         F
1985.

      Allowing the appeal, this Court

      HELD: The question whether the appointment of the appellants had             G
been made without complying with.the provisions of the Rule 22 of the Sub-
ordinate Ollices Ministerial Staff (District Recruitment) Rules, 1985 inas-
much as the applications were accepted directly without issuing an
advertisement in the daily newspaper as re11uired under Rule 22 has not
been examined by the High Court. Consequently the order of the High Court
dismissing the writ petition of the a1>pellant is set aside. The said m"it peti·   H
                                      111
    112                   SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R.

A lion is remitted to the High Court for consideration on merits. (113-C-D]

            CIVIL APPELLATE JURISDICTION : Civil Appeal No. '!136 of
    1995.

            From the Judgment and Order dated 8.2.95 of the Allahahad High
B Court in C.M.W.P. No. 17785 of 1991.
            Shakil Ahmed Syed for the Appellants.

            R.B. Misra for the Respondents.

C           The Judgment of the Court was delivered by

            S.C. AGRAWAL, J. Leave granted.

          The appellants in this appeal were employed as Registration Clerks
    on daily wage basis in the office of Sub-Registrar, District Jhansi on various
D   periods, during the years 1990 and 1991. The case of the appellants is that
    in response to the notice inviting applications for appointment on the post
    of Registration Clerks, the appellants had submitted their applications and
    they were required to appear before the Selection Committee constituted
    under relevant rules on February 24, 1991. Their claim is that other persons
    whose names were sponsored by the Employment Exchange were also
E   called and that the appellants were selected by the Selection Committee
    and on the basis of the said selection, they were appointed as Registration
    Clerks by the District Registrar by order dated March 18, 1991. It is
    claimed that the said appointment of the appellants was approved by the
    Inspector General of Registration on April 15, 1991. Subsequently by order
F   dated May .27, 1991 the Inspector General of Registration issued an order
    directing the District Registrar to terminate the services of Registration
    Clerks employed on daily wage basis with immediate effect. In pursuance
    of the said directions, the District Registrar, District Jhansi, issued orders
    terminating the services of the appellants with effect from May 27, 1991 by
    treating them as Registration Clerks employed on daily wage basis. The
G   case of the appellants is that they were appointed on regular basis after
    being duly selected in accordance with the rules. They filed a writ petition
    (Writ Petition No. 17785/91) in the Allahabad High Court challenging the
    order terminating their services. The said writ petition was heard along\vith
    other matters of the Registration Clerks who had been appointed on daily
H   wage basis anc.l was disposed of by common order dated February 8, 1995.
                 SANJAYGUPTA v. STATE [S.C.AGRAWAL,J.]                      113

           The grievance of the appellants is that their case stands on a different A
    footing inasmuch as they were not employed as Regi.<tration Clerks on daily
    wage basis but had been duly selected by the Selection Committee con-
    stituted under the rules and they had been appointed on regular basis by
    the District Registrar, District Jhansi, and the said appointment had also
    been approved by the Inspector General of Registration. The learned
                                                                                    B
    counsel for the appellants has submitted that in the counter affidavit filed
    on behalf of the respondents in the writ petition before the High Court the
    factual averments made by the petitioners in the writ petition were not
    disputed. In the counter affidavit filed on behalf of the respondents in reply
    to special leave petition before this Court, it has, however, been stated that
    the appointment of the appellants had been made without complying with C
    the provisions of rule 22 of the Subordinate Offices Ministerial Staff
    (District Recruitment) Rules, 1985 inasmuch as the applications were
    accepted directly -.__hout iss11ing an advertisement in the daily newspaper
    as required under the proh,10ns of the said rule. It has been submitted
    that as a result of the said defect the selection was defective ab initio. This D
    question has not been examined by the High Court and the High Court
    has dismissed the writ petition without going into the said question. This
    is a matter which requires consideration by the High Court.

         The appeal is, therefore, allowed, the judgment and order of the
    High Court dated February 8, 1995 in so far as it relates to writ petition     E
    No. 17785 of 1991 is set aside and the said writ petition is remitted to the
    High Court for consideration on merits. No. costs.

    T.N.A.                                                     Appeal allowed.




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