The Allahabad high court has ruled that the decisions taken by a government were binding on its successor unless the earlier decision suffered from substantial illegality or was unconstitutional or malafide.
The Lucknow bench of the Allahabad high court comprising Justices Devi Prasad Singh and Ved Pal took strong exception to cancellation of the 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 Mr 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 `2 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.
Mr 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.