Smt.Mithileh Yadav vs State Of U.P.Thru Secy & Ors.
2013 Latest Caselaw 66 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 17161 of 2013
 

 
Petitioner :- Smt.Mithileh Yadav
 
Respondent :- State Of U.P.Thru Secy & Ors.
 
Petitioner Counsel :- Siddharth Khare,Ashok Khare
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Heard learned counsel for the petitioner.

Issue notice to respondent Nos. 6 and 7. 

All the other respondents are represented by learned Standing Counsel, who may file counter affidavit within two weeks. 

At the very ousted, Sri Khare has urged that the petitioner is not officiating as Principal but the interest of the petitioner as a lecturer in Sociology deserves to be protected inasmuch as he has been permitted after being validly screened by the competent committee as required under the Rules.

The impugned order has been passed at the instance of the complainant who has a direct interest on the post and the finding recorded is that the post has been converted by the Committee for the purpose  an extending the benefit of promotion is unlawful.

Sri Khare submits that the post of lecturer is not sanctioned nor the impugned order mentions anything about the sanctioning order.  In the absence of any material this conclusion that there is an unlawful conversion of the post is mis-conceived.   Until further orders of the court, operation of the order dated 5.3.2013 shall remain stayed.

Three weeks for counter affidavit.  One week for rejoinder affidavit.

List thereafter.

Order Date :- 1.4.2013

Priyanka