Allahabad High Court
C/M Rani Rajeshwari Kumari ... vs State Of U.P. Thru. Prin. Secy. ... on 22 May, 2018
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No.-11824 of 2018
Petitioner :- C/M Rani Rajeshwari Kumari Intermediate College & Anr.
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education & Ors.
Counsel for Petitioner :- Nagendra Bahadur Singh
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
This Court has passed the order dated 08.05.2018, as under:-
"Heard learned counsel for the parties.
Learned Standing Counsel has submitted that he has not received any instructions in compliance of earlier order of this Court. However, learned counsel for the petitioners has produced the copy of office order dated 03.05.2018, whereby the District Inspector of Schools, Pratapgarh has attached the opposite party No.5-Sri Arvind Pratap Singh in the Government Inter College, Pratapgarh with further direction that the opposite party No.5-Sri Arvind Pratap Singh would be paid salary from the accounts of the petitioners' Institution. The District Inspector of Schools was to apprise the Court only to the limited stand that as to whether the supernumerary post of Class-III can be created in the light of Regulations 101 to 107 of the Regulations framed under Intermediate Education Act, 1921, but instead of providing such information, he has issued office order dated 03.05.2018, a copy whereof is taken on record.
List this case on 22.05.2018 as fresh to enable the learned Standing Counsel to file a personal affidavit of the District Inspector of Schools, Pratapgarh replying the contents of the writ petition as well as the query of the Court.
If no affidavit is filed by the next date of listing, the District Inspector of Schools, Pratapgarh shall appear in person on the next date fixed."
The aforesaid order was conditional order to the effect that if the counter affidavit is not filed by the next date of listing, the District Inspector of Schools, Pratapgarh shall appear in person.
Learned Additional Chief Standing Counsel has informed the Court that he has intimated this order to the District Inspector of Schools vide letter dated 10.05.2018 but neither the counter affidavit has been filed nor he has appeared in person before this Court to assist the Court. However, learned Additional Chief Standing Counsel has submitted that he has received the narrative of this case on 21.05.2018.
List this case on 29.05.2018 as fresh, on the said date, the District Inspector of Schools, Pratapgarh shall appear in person to explain the reasons as to why the counter affidavit has not been filed and also as to why he has not appeared in person to assist the Court despite the order of this Court has been intimated to him. On the said date, the District Inspector of Schools shall produce the relevant records on the issue to assist the Court. If the authority concerned does not appear on the said date, the bailable warrant may be issued against him.
Order Date :- 22.5.2018
Suresh/
[Rajesh Singh Chauhan,J.]
