Allahabad High Court
Ashok Kumar Tiwari vs State Of U.P. Thru Secy. Basic ... on 10 April, 2013
Bench: Satyendra Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 22
Case :- SERVICE SINGLE No. - 2503 of 2012
Petitioner :- Ashok Kumar Tiwari
Respondent :- State Of U.P. Thru Secy. Basic Education & Others
Petitioner Counsel :- Vinay Mishra
Respondent Counsel :- C.S.C.,J.B.S.Rathore,Jogendra Nath Verma
Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and learned counsel for the BSA as well as learned Standing Counsel.
The petitioner, who is aggrieved by the non-approval of his appointment on the ground that a ban has been imposed by the government by means of Government Order dated 2.6.2010 on appointment on the post of Shiksha Mitra, has filed this writ petition.
Submission of learned counsel for the petitioner is that the petitioner come within the eligibility zone in pursuance to the resolution of the Village Education Committee dated 5.12.2005 and the selection of one Belmati has been cancelled, but necessary approval was not granted by the BSA and the matter remained pending and in the meantime, a ban was imposed by the State Government on appointment on the post of Shiksha Mitra on 2.6.2010.
The issue came up for hearing before the Division Bench of this Court in Special Appeal No.76 of 2013, which was disposed of with the following observations:
"After some arguments, there is a consensus between learned counsel for parties that all the matters listed in the Bunch can be disposed of in terms of the order dated 07.05.2012 passed in Special Appeal No.218 of 2012 (Rama Kant Mishra Versus State of U.P. and Others). The said order on reproduction would read as:
"We have heard learned counsel for parties and perused the pleadings of special appeal.
After arguments at some length, learned counsel, Shri Gauri Shankar, appearing for respondent nos. 3 and 4, states that in view of the fact that now the case stands concluded by rejection of special leave petition (civil) No. ... of 2011 CC No. 21792 of 2011 arising from a judgment passed by a Division Bench at Allahabad in Special Appeal No. 765 of 2011, whereupon the appellant is placing reliance, the respondents would like to consider the case of the appellant afresh.
Thus, special appeal is disposed of and the impugned order is set aside with liberty to appellant to make a fresh representation, which upon being made, shall be decided on merit, in particular, within a period of four weeks thereafter in the light of judgments of Division Benches of this Court and also the fact that special leave petition arising against one of such orders has also been dismissed by Hon'ble the Apex Court.
The matter, thus, stands disposed of."
Thus this Special Appeal and all other connected appeals in the bunch are disposed of and the impugned orders therein are set aside with liberty to respondents to make fresh representations, which upon being made, shall be decided on merit, in particular, within a period of four weeks thereafter in the light of judgments of Division Benches of this Court and also the fact that special leave petition arising against one of such orders has also been dismissed by Hon'ble the Apex Court.
Consequently, interim orders in this bunch of matters, if any, shall stand vacated."
Counsel for the petitioner has submitted that the case of the petitioner is squarely covered by the aforesaid judgment and the petitioner is liable to be appointed on the post in question, but on account of the fact that there was some confusion in respect of ban, representation of the petitioner has been rejected.
In the aforesaid circumstances, liberty is given to the petitioner to make a fresh representation, which upon being made, shall be considered and decided by the BSA, Sultanpur keeping in view the observation made in this order within a period of six weeks from the date of receipt of representation of the petitioner along with certified copy of this order.
The writ petition is disposed of accordingly.
Order Date :- 10.4.2013
RBS/-
