ATUL KUMAR NIGAM versus STATE OF U.P. AND ORS.

ATUL KUMAR NIGAM versus STATE OF U.P. AND ORS.

The High Court, while dismissing the appellant's writ petition, failed to consider whether the selection was made in contravention of the mandatory statutory provisions, which is a necessary issue to determine the validity of the selection and subsequent termination. The failure to consider this central question necessitates remitting the matter for adjudication on its merits.

Parties
Appellant: A Tul Kumar Nigam; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
27 September 1995
Procedural Posture
Civil Appeal / On Appeal From Dismissal of Writ Petition by the Allahabad High Court
Outcome
Appeal allowed. Judgment and order of the High Court set aside, writ petition remitted to the High Court for decision on merits.
Legal Topics
Appointment on Daily Wage, Regular Selection and Appointment, Termination From Service, Recruitment Rules Compliance
Service Law Appointment on Daily Wage Regular Selection and Appointment Termination From Service Recruitment Rules Compliance

Case Brief

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Parties

A Tul Kumar Nigam

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / On Appeal From Dismissal of Writ Petition by the Allahabad High Court

Legal Issues

  1. 1 Whether the appellant's selection as Registration Clerk was made in contravention of the Subordinate Offices Ministerial Staff (District Recruitment) Rules, 1975 (as replaced by the 1985 Rules) and if such selection was void.
  2. 2 Whether the High Court erred in dismissing the writ petition without examining the compliance with recruitment rules.

Ratio Decidendi

The High Court, while dismissing the appellant's writ petition, failed to consider whether the selection was made in contravention of the mandatory statutory provisions, which is a necessary issue to determine the validity of the selection and subsequent termination. The failure to consider this central question necessitates remitting the matter for adjudication on its merits.

Court Disposition

Appeal allowed. Judgment and order of the High Court set aside, writ petition remitted to the High Court for decision on merits.

Orders

  • Judgment and order dated February 8, 1995 of the High Court insofar as it relates to the dismissal of writ petition No. 17883/91 is set aside.
  • Writ petition remitted to the High Court to be decided on merits.