Case Note & Summary
The Supreme Court considered an appeal by special leave against a common order of the Allahabad High Court dismissing a writ petition filed by persons employed as Registration Clerks in the office of the Sub-Registrar, District Jhansi. The appellants claimed that they were not daily-wage employees but had been regularly appointed after a selection process. They alleged that in response to a notice inviting applications, they submitted applications, appeared before a selection committee on February 24, 1991, were selected, and were appointed by the District Registrar on March 18, 1991, with the appointment approved by the Inspector General of Registration on April 15, 1991. However, by order dated May 27, 1991, the Inspector General directed the District Registrar to terminate services of Registration Clerks employed on daily-wage basis. The District Registrar terminated the appellants' services with effect from May 27, 1991, treating them as daily-wage Registration Clerks. Aggrieved, the appellants filed Writ Petition No. 17785 of 1991 before the Allahabad High Court challenging the termination. The High Court heard the writ petition along with other matters concerning daily-wage Registration Clerks and dismissed it by common order dated February 8, 1995. The appellants' grievance before the Supreme Court was that their case stood on a different footing: they claimed regular appointment after selection, not daily-wage engagement, and that the factual averments in the writ petition were not disputed in the counter affidavit filed before the High Court. However, in the counter affidavit filed before the Supreme Court, the respondents stated that the appointments had been made without complying with Rule 22 of the Subordinate Offices Ministerial Staff (District Recruitment) Rules, 1985, because applications were accepted directly without issuing an advertisement in a daily newspaper as required. The respondents submitted that the selection was defective ab initio. The Supreme Court observed that the question whether the appointments were vitiated by violation of Rule 22 had not been examined by the High Court. The High Court had dismissed the writ petition without going into that question. The Court held that this was a matter requiring consideration by the High Court. Accordingly, the Supreme Court allowed the appeal, set aside the High Court's judgment and order dated February 8, 1995 insofar as it related to Writ Petition No. 17785 of 1991, and remitted the writ petition to the High Court for consideration on merits. No order as to costs was made.
Headnote
A) Service Law - Recruitment Rules - Mandatory Advertisement Requirement - Subordinate Offices Ministerial Staff (District Recruitment) Rules, 1985, Rule 22 - The Supreme Court considered whether appointments as Registration Clerks made without newspaper advertisement as required by Rule 22 were defective ab initio, an issue the High Court failed to examine. Held that the question required consideration by the High Court, and the writ petition was remitted for merits consideration.
Issue of Consideration
Whether the High Court erred in dismissing the writ petition without examining the question whether the appellants' appointments were made in violation of Rule 22 of the Subordinate Offices Ministerial Staff (District Recruitment) Rules, 1985, and whether their appointments were regular rather than daily-wage.
Final Decision
Appeal allowed. The judgment and order of the High Court dated February 8, 1995 in so far as it relates to Writ Petition No. 17785 of 1991 is set aside. The said writ petition is remitted to the High Court for consideration on merits. No costs.
Law Points
- High Court must consider material questions of fact and law before dismissing a writ petition
- breach of mandatory recruitment rule requiring newspaper advertisement may render selection defective ab initio
- distinction between daily-wage and regularly selected appointees is material
- appellate court may remand for examination of an unconsidered issue
- no order as to costs
