Aseem Shukla And Ors. vs State Of U.P. Thru. Prin. Secy. ...
2018 Latest Caselaw 510 ALL

Citation : 2018 Latest Caselaw 510 ALL
Judgement Date : 14 May, 2018

Allahabad High Court

Aseem Shukla And Ors. vs State Of U.P. Thru. Prin. Secy. ... on 14 May, 2018

Bench: Rajesh Singh Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 13641 of 2018
 

 
Petitioner :- Aseem Shukla And Ors.
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Edu. And Ors.
 
Counsel for Petitioner :- Bal Keshwar Srivastava,Hari Prasad Gupta
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Hari Prasad Gupta, learned counsel for the petitioners.

Notices for respondents nos. 1 to 7 have been accepted by the office of learned Chief Standing Counsel.

Issue notice to respondent no. 7 returnable at an early date, for which, necessary steps be taken within three working days.

By means of this writ petition, the petitioners have assailed the order dated 13.02.2018, issued by the respondent no. 2, whereby the State Government has withdrawn the status of provincilisation of the institution in which the petitioners are working.

The submission of learned counsel for the petitioners is that once a decision has already been taken by the State Government, the said decision may not be annulled by the subsequent government for no cogent reasons to that effect, more particularly, when the provision of law is specifically authorising for doing so.

On the other hand, Sri Ranvijay Singh, learned Additional Chief Standing Counsel has submitted that the writ petition is not maintainable for the reason that the policy decision has been challenged. Further, this policy decision has been challenged by the employees who are working in institution not by the management itself. However, learned counsel for the petitioners has submitted that since all the properties and assets of the institution in question have been taken over by the government, therefore, the management cannot challenge this policy decision.

Learned Additional Chief Standing Counsel prays for and is granted three weeks time to file counter affidavit. Rejoinder affidavit, if any may be filed within a period of ten days, thereafter.

List thereafter along with W.P. No. 5995(S/S) of 2018.

Till the next date of listing, the properties etc. of the institution may not be reverted back if the same have not already been reverted.

Order Date :- 14.5.2018

Suresh/

[Rajesh Singh Chauhan,J.]