Umesh Kumar Gautam And 3 Others vs State Of U.P. And 2 Others
2018 Latest Caselaw 4090 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - C No. - 39201 of 2018
 
Petitioner :- Umesh Kumar Gautam And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Grijesh Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abhinava Upadhya,J.

Hon'ble Vivek Varma,J.

Heard Sri Grijesh Tiwari, learned counsel for the petitioners and the learned Standing Counsel for the State.

By means of this writ petition, the petitioners have come to this Court against the order dated 5.11.2018 passed by respondent no.1 for lodging of the FIR against the petitioners, who are Block Education Officers at Mathura. The lodging of the FIR is stated to be on account of irregularities committed in appointment on the post of Assistant Teacher in Basic Education for Basic Schools in 2013 at Mathura.

Learned counsel for the petitioners submits that Block Education Officers have no role in the entire selection proceeding as the said selection is held under the U.P. Basic Education (Teachers) Service Rules, 1981 and in that Rule also, the Block Education Officers have no role to play.

The case was heard on Friday last and it was directed to be posted today. In the meantime, learned counsel for the petitioners submits that FIR has been lodged Yesterday.

Now the FIR has already been lodged, the prayer sought in the writ petition cannot be granted. However, there is substance in the argument of learned counsel for the petitioners that Block Education Officers have no role to play in the selection process of Assistant Teacher in Basic Education for Basic Schools, but now since the FIR has been lodged and investigation may go on, but the petitioners will not be arrested till the next date of listing.

Learned Standing Counsel may file counter affidavit within a month.

List thereafter.

Order Date :- 3.12.2018

Ajeet

(Vivek Varma, J.) (Abhinava Upadhya, J.)