Diwakar Yadav vs State Of U.P.& 3 Ors.
2013 Latest Caselaw 7270 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- WRIT - A No. - 63339 of 2013
 

 
Petitioner :- Diwakar Yadav
 
Respondent :- State Of U.P.& 3 Ors.
 
Counsel for Petitioner :- Rajnish Kumar Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram Nath,J.

Heard learned counsel for the parties.

In view of the order proposed to be passed it is not necessary to call for counter affidavit.

Petitioner's selection to the Class IV post in the institution in question has been disapproved by the District Inspector of Schools, Jaunpur vide impugned order dated 24.10.2013, Annexure 1 to the writ petition on two grounds. Firstly that there was ban imposed by the State Government vide G.O. dated 6.1.2011 and secondly that before starting selection process no prior permission was taken as required in Regulation 101 Chapter III of the Regulations framed under the U.P. Intermediate Education Act, 1921.

Learned counsel or the petitioner submits that both the grounds are untenable under law. The Government Order dated 6.1.2011 had already been quashed by this Court and has been followed in number of decisions and secondly other ground had also been held to be invalid in Writ Petition No.46670 of 2012, Sanjee Kumar Kannaujiya vs. State of U.P. and others decided on 13.09.2012.

In the circumstances the impugned order dated 24.10.2013 is quashed. The matter is remitted to the District Inspector of Schools, Jaunpur for fresh decision to be taken within six weeks, on a representation being filed by the petitioner along with certified copy of this order, strictly in accordance with law ignoring the aforesaid ground taken ion the impugned order.

Petition stands allowed as above.

Order Date :- 3.12.2013

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