Citation : 2019 Latest Caselaw 472 ALL
Judgement Date : 5 March, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- WRIT - A No. - 3392 of 2019 Petitioner :- Yogita Lallan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Umesh Yadav,Shivasare Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta Hon'ble Prakash Padia,J.
The petitioner has filed the present writ petition for quashing of the order dated 20.12.2018 passed by the respondent no.4/District Basic Education Officer, Deoria, by which the services of the petitioner was terminated.
Learned counsel for the petitioner relied upon an order dated 17.11.2018 passed by a Division Bench in Special Appeal No.617 of 2018 (Ritesh Singh and Ors Vs. State of U.P. and Ors), which is appended as annexure 11 to the writ petition. The aforesaid special appeal arises out of an order dated 19.4.2018 passed in Service Single No.11375 of 2018 (Ram Janak Maurya and Ors Vs. State of U.P. and Ors).
Mr. Shaurab Singh, appearing on behalf of respondent nos.1 to 3 as well as Mr. Shyam Krishna Gupta, learned counsel for the respondent no.4 contended that aforesaid orders will not apply in the case of the petitioner since the controversy involved in the present case is that whether the petitioner is entitled for his appointment on the basis of the training certificate obtained by him from other State or not. In the case of Ram Janak Maurya (supra) the controversy was before the Court to the extent that the persons who obtained the training degree from other States.
The matter requires consideration.
Issue notice to respondent no.5 returnable at an early date. Steps be taken through speed post within three days.
Counter affidavit be filed by all the respondents within three weeks. Rejoinder affidavit may be filed within a week, thereafter.
List on 08.4.2019.
Order Date :- 5.3.2019
Pramod Tripathi
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