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PETITIONER: ATUL KUMAR NIGAM

       Vs.

RESPONDENT: STATE OF U.P. & ORS.

DATE OF JUDGMENT27/09/1995

BENCH: AGRAWAL, S.C. (J) BENCH: AGRAWAL, S.C. (J) JEEVAN REDDY, B.P. (J)

CITATION:  1996 SCC  (7) 145        JT 1995 (7)   124  1995 SCALE  (5)611

ACT:

HEADNOTE:

JUDGMENT:                        J U D G M E N T S.C. AGRAWAL, J.:      Leave granted.      The appellant  was initially  appointed as Registration Clerk  on  daily  wage  basis  by  the  District  Registrar, District Jhansi,  by order  dated September  27, 1990. While the  appellant   was  working  as  Registration  Clerk,  the District    Registrar,    District    Jhansi,    issued    a notice/advertisement   for   filling   up   six   posts   of Registration Clerks  on regular basis. Out of six posts five posts were  to be  filled up  from and  amongst the  general candidates and  the sixth  post was  reserved for  Scheduled Caste candidates.  The District  Registrar, District  Jhansi constituted a  Selection Committee for the said appointment. The appellant  appeared before  the said Selection Committee on February  24, 1991  and was selected. He was appointed on the  post  of  Registration  Clerk  on  the  basis  of  said selection and  he joined  as Registration  Clerk on February 25, 1991, but by order dated June 15, 1991 his services were terminated.  The  appellant  filed  a  writ  petition  (writ petition No. 17883/91) in the Allabahad High Court which was heard alongwith  special appeals and writ petitions of other Registration Clerks  employed on  daily wage  basis and  the same was  dismissed  by  common  judgment  and  order  dated February 8, 1995.      It has  been urged  on behalf of the appellant that his case differs  from other  cases dealt with by the High Court inasmuch as  he had been selected for regular appointment by a duly  constituted Selection  Committee in  accordance with the rules  and the High Court has not considered this aspect of the  matter. In the counter affidavit that has been filed on behalf  of the  respondents before this Court, it has not been  disputed   that  the   Selection  Committee  was  duly constituted by  the District  Registrar, District  Jhansi on February 24, 1991 but it is asserted that while doing so the

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District Registrar, District Jhansi, did not comply with the mandatory Provisions  of Rule  22 of the Subordinate Offices Ministerial Staff  (District Recruitment)  Rules, 1975 which had been  replaced by  the Subordinate  Offices  Ministerial Staff (District  Recruitment) Rules,  1985 as  amended  upto date and  thus there was defect in the procedure of the said selection and the selection was void. This questions has not been gone  into by  the High Court while dismissing the writ petition of  the appellant.  It is  a question  which should have been considered by the High Court before dismissing the writ petition of the appellant.      The appeal  is, therefore,  allowed, the  judgment  and order of  the High Court dated February 8, 1995 in so far as it relates to dismissal of writ petition No. 17883/91 is set aside and  the said  writ petition  is remitted  to the High Court to dispose of the same on merits. No costs.