Dharmendra Kumar And 8 Ors. vs State Of U.P. And 3 Ors.
2016 Latest Caselaw 5814 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 43642 of 2016
 

 
Petitioner :- Dharmendra Kumar And 8 Ors.
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Amit Saxena
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

The petitioners have all been recommended for appointment on Class IV post in an intermediate level institution but the recommendation has not been accepted by the District Inspector of Schools and, therefore, challenging the order rejecting the recommendation, this petition has been filed.

Learned Standing Counsel has submitted that by way of amendment in Regulation 101 of Chapter III of the Regulations under U.P. Intermediate Education Act, 1921, the Class IV posts of an institution are to be outsourced and, therefore, the management would have no power to make an appointment on a Class IV posts and accordingly since the present petition has been filed without challenging the amendment in the regulation concerned, no relief can be granted to the petitioner.

In view of above, the learned counsel for the petitioners pray to withdraw this petition with liberty to file a fresh petition challenging the offending amendment.

The writ petition is dismissed as withdrawn with liberty as prayed for.

Order Date :- 14.9.2016

Arvind