Shiv Kuamr Sharma vs State Of U.P. & Others
2011 Latest Caselaw 715 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - A No. - 78651 of 2005
 

 
Petitioner :- Shiv Kuamr Sharma
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Prabhakar Dubey
 
Respondent Counsel :- C.S.C.,M.Y. Khan,S.K. Tripathi
 

 
Hon'ble Arun Tandon,J.

This Court under the interim order dated 2.1.06 recorded that the order passed by the District Inspector of Schools in case of the petitioner was wholly without jurisdiction and stayed the operation of the said order with a direction that the Basic Siksha Adhikari shall place the records before the District Level committee, of which the District Magistrate is Chairman. The District Level committee was directed to take appropriate decision within six weeks thereafter.

Counsel for the petitioner is not aware as to what orders have been passed by the District Leval Committee. He refers to the order of the Basic Siksha Adhikari permitting him to join in terms of the interim order of this court.

I am of the considered view that the interim order granted in the present petition was conditional. The operation of the order of the DIOS was stayed on a direction that the District Level Committee shall re-examine the matter within six weeks. If the District Level committee has not done so, it may do so within six weeks from the date of production of certified copy of this order before him. The order of the DIOS being without jurisdiction is hereby, set aside. The continuance of the petitioner as Siksha Mistra shall depend upon the orders to be passed by the District Level Committee.

The writ petition is accordingly disposed of.

Order Date :- 31.3.2011

SM