Sanjay Kumar Kanaujia And 1518 ... vs State Of U.P. Thru Prin.Secy. ...
2019 Latest Caselaw 4317 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 13217 of 2019
 

 
Petitioner :- Sanjay Kumar Kanaujia And 1518 Ors.
 
Respondent :- State Of U.P. Thru Prin.Secy. Basic Edu. Lucknow & Ors.
 
Counsel for Petitioner :- Sanjai Kumar Singh,Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.,Ajay Kumar
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Sanjay Kumar Singh, learned counsel for the petitioners.

Notices on behalf of opposite party Nos.1, 3 & 4 have been accepted by the office of the learned Chief Standing Counsel, while Sri Ajay Kumar, learned counsel has accepted notice on behalf of opposite party No.2.

By means of this writ petition, the petitioners have assailed the order dated 02.11.2018, passed by the opposite party No.2, whereby the decision to refund the fees of the petitioners has been taken, who had applied for selection of Assistant Teachers in the year 2012.

Learned counsel for the opposite parties have however drawn attention of this Court towards judgment and order dated 25.07.2017 passed by the Hon'be Apex Court, which is contained as Annexure No.5 to the writ petition, in the name of State of U.P. and others vs. Shiv Kumar Pathak & others relating to identical issue.

By means of the aforesaid judgment, the Hon'ble Apex Court has observed in the operative portion in para-19 as under:-

"19. We have been informed that 66,655 teachers have already been appointed in pursuance of the interim orders of this Court. Having regard to the entirety of circumstances, we are not inclined to disturb the same. We make it clear that the State is at liberty to fill up the remaining vacancies in accordance with law after issuing a fresh advertisement."

Learned counsel for the opposite parties have submitted that the exercise of the selection in question has already been completed, but on being asked as to what decision has been taken in respect of the remaining vacancies, the learned counsel for the opposite parties have prayed that some time may be granted to them to seek complete instructions in the matter.

List this petition on 16.05.2019 as fresh to enable the learned counsel for the opposite parties to seek complete instructions in the matter and to produce the relevant Government Order/ Circular, whereby the decision in respect of selection in question has been taken.

Order Date :- 9.5.2019

Suresh/

[Rajesh Singh Chauhan,J.]