Lucknow: The Allahabad High Court has ruled
that the decisions taken by the previous government were
binding on the successive government unless the earlier
decision suffered from substantial illegality or was
unconstitutional or malafide.
The Lucknow bench of Allahabad High Court comprising
Justice Devi Prasad Singh and Justice Ved Pal took strong
exception to cancellation of appointment of professor Yaduvir
Singh by Mayawati government on the ground that the
constitution of the selection committee appointed by previous
Mulayam Singh Yadav government was wrong.
"Petitioner suffered mental agony and humiliation for no
fault on his part with the change of government...," the court
ruled.
"It is unfortunate that politics has crept into the
academic field also and because of change of government, the
petitioner seems to have suffered. At least education should
be spared from political manoeuvring and no injustice should
be done to academicians who qualify on merit," the court said.
The bench said Singh was deprived of his timely
appointment for the post of professor at Harcourt Butler
Technological Institute in Kanpur on "unfounded ground".
The court also imposed cost of Rs two lakhs on the state
government to be deposited by the chief secretary or principal
secretary, technical education half of which would go to the
petitioner and the remaining to the mediation centre.
Singh was selected by the selection committee set up by
the previous government and the then chief minister Mulayam
Singh Yadav had approved the file on May 1, 2007 but the
appointment letter could not be issued due to elections.
The principal secretary to the new chief minister
Mayawati who came to power on June 4, 2007 observed that as
constitution of the selection committee was not appropriate
and fresh selection would be held which was challenged by the
petitioner.
The bench while allowing the petition quashed the
principal secretary's order and directed to consider the
petitioner for appointment keeping in view the recommendations
of the selection committee dated January 18, 2007 and
observations made in the present judgement with all
consequential benefits.
PTI
First Published: Friday, October 08, 2010, 15:50