Suyanka Nayak vs State Of U.P. And 4 Ors
2014 Latest Caselaw 6704 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- WRIT - A No. - 50712 of 2014
 

 
Petitioner :- Suyanka Nayak
 
Respondent :- State Of U.P. And 4 Ors
 
Counsel for Petitioner :- K.M. Misra
 
Counsel for Respondent :- C.S.C.,Arun Kumar
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner seeks a direction upon the respondent to consider her candidature for provisional counseling and appointment for the post of Primary Teacher.

It is stated that the petitioner belong to scheduled tribe category. By the impugned order, the District Magistrate has cancelled her candidature as scheduled Tribe candidate. It is averred in paragraph no. 24 of the writ petition that this court at Lucknow Bench in a Misc. Bench No. 8666 of 2014 has stayed the operation of the District Magistrate's order. 

Sri H.R. Mishra, Senior Advocate assisted by Sri K.M. Mishra has produced the Xerox copy of the said interim order also.

Taking into consideration of the facts and circumstances of the case, the respondents are directed to permit the petitioner provisionally to appear in the counseling. However, the result of the petitioner of petitioner shall abide the present writ petition. 

Learned standing counsel is granted three weeks time to file counter affidavit. Rejoinder affidavit, if any, shall be filed within a week thereafter. 

Sri Arun Kumar appeared for respondent no. 5. He may also file counter affidavit within the same period. 

List after expiry of the aforesaid period.

Order Date :- 19.9.2014

SKS