Utt HC | Fundamental rule of law is that no decision can be given without the opportunity of being heard; Court allows appeal

Uttarakhand High Court

Uttaranchal High Court: Lok Pal Singh, J., allowed a writ petition which was filed in the nature of the certiorari, seeking quashing of the order passed by the Uttarakhand Technical Education Board (Respondent 3) and subsequent order by the Additional Director of Education.

An advertisement was issued by Respondent 3 inviting applications for appointment on the, including Mathematics, post of Assistant Teacher L.T. Grade in various subjects at both the Region i.e. Garhwal region and Kumaon region. Petitioners had applied for the post of Assistant Teacher L.T. Grade (Maths) and had given their option for Kumaon region and second option for Garhwal region. After completion of counseling, the petitioners, on being selected against the vacant posts, as per their merits and preference, were selected for Kumaon Region by the Selecting Body. On the basis of the recommendation of the Selecting Body, the Appointing Authority, namely, the Additional Director (Secondary Education), Kumaon Mandal, appointed the petitioners as Assistant Teacher L.T. Grade at Kumaon Region. Petitioners had joined their duties as Assistant Teacher L.T. Grade at their respective postings. Thereafter, Respondent 5 raised his grievance before respondent 3 that as per his merit and option, he was entitled for Kumaon Region but he has been allotted Garhwal Region and the candidates who were less meritorious to him, belonging to same category were allotted Kumaon Region. When his case was not considered he had filed a writ where the co-ordinate Bench of this Court had directed respondent 3 to decide the representation of the petitioners. Consequently, respondent 3 passed an order stating that the four candidates who were lower in merit; their region is being changed with the candidates who were higher in merit. Thus, the instant petition was filed.

The counsel for the petitioner, Maneesh Bisht submitted that the Co-ordinate Bench of this Court had only directed to decide the representation of respondent 5 and that it was incumbent upon respondent 3 to give an opportunity of hearing to the petitioners at that point of time. He further submitted that the petitioners had joined their services at the place where they have been appointed at the recommendation of respondent 3 and which after being implemented the respondent 3 becomes functus officio.

The Court while allowing the appeal explained that it is a fundamental rule of law that no decision must be taken which will affect the rights of any person without first giving him an opportunity of putting forward his case. In the present case, while passing the impugned order, opportunity of hearing was not given to the petitioners, which was against the principle of natural justice and the order impugned is not sustainable in the eye of the law. Petitioners were permitted to continue their services in Kumaon Region.[Kamal Kapri v. State of Uttarakhand, 2019 SCC OnLine Utt 1832, decided on 13-12-2019]


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