Vijay Kumar vs State Of U.P. And 4 Others
2014 Latest Caselaw 1602 ALL

Citation : 2014 Latest Caselaw 1602 ALL
Judgement Date : 8 May, 2014

Allahabad High Court

Vijay Kumar vs State Of U.P. And 4 Others on 8 May, 2014

Bench: Abhinava Upadhya




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 25875 of 2014
 

 
Petitioner :- Vijay Kumar
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- C.B. Chaubey,S.B. Chaubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abhinava Upadhya,J.

Connect this petition with Writ Petition No. 25876 of 2014 (Ravindra Kumar Vs. State of U.P. & others).

By means of this writ petition the petitioner has come up to this Court challenging the order of the DIOS by which appointment of the petitioner on Class IV post has not been approved on the ground that the amendment has been incorporated in Regulation 101 of Chapter-3 of Regulation framed under the Intermediate Education Act, 1921.

Learned counsel for the petitioner submits that the said amendment has already been stayed by this Court in Writ Petition No. 62544 of 2013 (C/M Lala Babu Baijal Memorial Inter College and others vs. Special Secretary, Government of U.P. and others). As such, the said ground could not be taken.

Learned counsel for the petitioner further submits that according to unamended Regulation 101, prior approval was already granted in 2002 for making appointment and pursuant to approval granted in 2002, in 2013 his appointment has been made which is not being approved now by the DIOS in view of the amendment in the Regulation.

I have considered the submissions of the learned counsel for the petitioner.

The amendment notwithstanding the appointment of the petitioner is said to be pursuant to the permission granted in 2002. After more than 11 years the said appointment, having been made, creates a doubt as to why the institution waited for more than 11 years to make such appointment. Learned counsel for the petitioner submits that there was no vacancy. If there was no vacancy then how could the DIOS grant permission in 2002 to fill up the vacancies?

Learned Standing Counsel represents respondents no.1,2 and 3.

Issue notice to respondents no. 4 and 5 returnable at an early date for which the learned counsel for the petitioner may take steps within a week.

The respondents may file counter affidavit within one month.

List thereafter.

Order Date :- 8.5.2014

SKM