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A glaring instance of manipulating the functioning by rank tresspasser of the Hon’ble High Court during Summer Vacation by the Hon’ble Single Judge (Hon. A.P. Sahi, J) exercising the power of the Division Bench in the urgent matters having the finality and trapping of the judgement in the 4th Writ Petition and thereby daring raid on the administration of justice.
The first writ petition bearing writ petition no. 34447 of 1994 (Dr. Harish Kumar Vs. C/M K.G.K. P.G. College Moradabad), an affiliated college to M.J.P. Rohilkhand University, Bareilly was sought for issuance of the direction to send the papers of the petitioner for regularization of his services alleging himself to have been given appointment in the vacancy caused due to the retirement of R.M. Mathur on 30.6.1987, which was published on 28.5.1988 as Dr. Harish Kumar manipulated a forged certificate issued from the Principal of the college on 21.7.1987 to get himself being inducted in the leave vacancy of Dr. Mamta Bhatnagar, for which the said advertisement published on 28.5.1988 was purported to have been made. In this regard the Principal of the said institution issued a certificate that Dr. Harish Kumar (Tomar) did never worked in the department of Geography of K.G.K. P.G. College Moradabad. Any certificate purported to have been issued is a forged certificate and as such the Division Bench dismissed the said writ petition on 18.1.1999.
The second writ petition no. 26167 of 2000 (Dr. Harish Kumar VS. U.P. Higher Education Service Commission and others) was again filed by concealment of the facts of dismissal of writ Petition no. 34447 of 1994 and Dr. Harish Kumar challenged the order dated 30.1.1999 forwarding the name of one Sanjay Kumar recommended by the Director of Higher Education in the vacancy caused on account of retirement of Dr. P.K. Gupta on 30.6.1997. The following order was obtained on 25.5.2000, which is reproduced as under :-
Hon’ble Markandey Katju, J
Hon’ble S.K. Jain, J
“In the meantime the petitioner shall be permitted to continue functioning as ad hoc lecturer in the institution in question.”
Dt/- 25.5.2000 Sd/- M. Katju, J
Sd/- S.K. Jain, J
Thereafter the third writ petition no. 901 (S/B) of 2002 Dr. Harish Kumar Vs. State of U.P. through its Principal Secretary Higher Education Lucknow was filed seeking relief that the representation of the petitioner may be considered and disposed of. In the said writ petition Hon’ble Justice Jagdish Bhalla and Hon’ble B.K. Rathi passed the following order :-
“In the meantime, representation of the petitioner will be considered and disposed of.
Dt/- 13.6.2002 Sd/- Jagdish Bhalla, J
Sd/- B.K. Rathi, J
The fourth writ petition was filed during the summer vacation and the following order was obtained by the petitioner on 21.6.2005.
Civil Misc. Writ Petition No. 46045 of 2005
Dr. Harish Kumar Vs. Director of Education (Higher) Alld and others
Hon’ble A.P. Sahi, J
Heard Sri P.S. Baghel, learned counsel appearing for the petitioner and learned Standing counsel appearing on behalf of respondent nos. 1 and 3.
Issue notice to the respondent no.2 returnable at an early date. Steps be taken within a period of one week. All the respondents are granted three weeks time to file counter affidavit. Rejoinder affidavit, if, any, may be filed within a period of three weeks thereafter.
Learned counsel for the petitioner has cited the decision of the writ petition no. 19683 of 2004 decided on 27.10.2004. Taking note of the provisions as applicable to the controversy at hand, the Court issued directions for appointing the petitioner in that writ petition on substantive basis explaining the provisions of Section 31-C of U.P. Higher Education Services Act, 1980.
Learned counsel for the petitioner has also relied on the order passed in writ petition no. 35403 of 2005 a copy of which has been appended as annexure no.4 to the writ petition, where in similar circumstances, directions were issued to the respondent- Director of Higher Education to examine the facts and pass appropriate orders with regard to the claim of the petitioner. Accordingly the respondent no.1 is directed to examine the claim of the petitioner in the light of what has been stated hereinabove and pass a speaking and reasoned order within a period of one month. The respondent no.1 shall also consider the grant of such consequential benefits, which the petitioner is entitled in case, he is entitled for regularization on the post in question. The matter shall be listed after expiry of six weeks.
Dt/- 21.6.2005 Sd/- A.P. Sahi, J
Thereafter on the strength of said order the services of Dr. Harish Kumar has been shown regularized on 30.6.2005 in the vacancy caused on account of retirement of Dr. P.K. Gupta. The manager of the institution by his letter issued on 8.7.2005, in pursuance of the direction contained in the letter dated 30.6.2005 issued by Director of Higher Education Allahabad in compliance of the interim order passed on 21.6.2005 issued the appointment letter to Dr. Harish Kumar only on the said date i.e. on 8.7.2005 solely on the basis of the directions contained in the letter dated 30.6.2005. However, the management after considering the fact that Dr. Harish Kumar was not appointed in the institution at any point of time and in case if the orders were passed then the same will be implemented from the date of his appointment and the approval of the same by the managing committee and the officials empowered and it was made clear that Dr. Harish Kumar will not claim any arrears of the salary from the State Government, however, if any, information was found to have been concealed the appointment of Dr. Harish Kumar shall be declared as void. The situation which has been merged on account of the issuance of the said appointment letter on 8.7.2005 having the appointment given to Dr. Harish Kumar in the vacancy caused on account of the retirement of Dr. P.K. Gupta from the post of Head of the department on 30.6.1997 that the individual having being appointed in the said institution in pursuance of the vacancy advertised on 28.5.1988 namely the applicant forwarding this complaint to the higher authority and also for the perusal of the Ministry of Law and Justice, Government of India and to the Hon’ble Supreme Court of India that the situation faced by number of lecturers posted in the Department of Geography namely Dr. Brijbala Arora, Dr. Yogendra Singh, Dr. P.M. Kala and Dr. D.P.S. Rawat, who were given appointment in the institution in furtherance of the recommendation of the Selection Committee and the approval was given by Director of Higher Education to all of them in accordance with the procedure prescribed under the statutory provisions, whether the Hon’ble High Court entertaining the writ petition during the summer vacation only in the urgent matter may pass such order which has got an effect of finality of the judgement. The other lecturers posted in the Department of Geography have requested the authority to maintain the seriatim of the long standing seniority, but in pursuance of the clear cut direction issued to the Director of Higher Education, directing him to consider the claim of the petitioner for appointment, regularization in furtherance of the provisions of Section 31-C of U.P. Higher Education Service Act, 1980 with all such consequential benefits and as such there was no other option left before the authorities to comply such direction.
Kindly circulate this letter to the majesty of the Hon’ble Court, if any body may show desire to protect the right of the other persons guaranteed under Article 14 and 16 of the Constitution of India as there has been number of the authorities of the Hon’ble Supreme Court including the authority in case of Sarguja Transport Authority 1987 (1) S.C.C. Page 5, which clearly demonstrates “invito veneficiun non datur” as the applicant working in the institution w.e.f. 3.10.1988 having been regularized on 26.6.1992 by the order of Director of Higher Education has been superseded in the list of seniority by Dr. Harish Kumar who had never worked as a Lecturer in the Department of Geography till 30.6.2005 and thereafter got an appointment letter on 8.7.2005 on the strength of the interim order obtained by him during the summer vacation.
Dt/- 10.12.2008 Applicant
Dr. D.P.S. Rawat, s/o Late R.D.S. Rawat,
R/0 1-B/425, Budhi Vihar Awas Vikas,
Majholla, Moradabad.