Gopal Prasad And Another vs State Of U.P. And 4 Others
2021 Latest Caselaw 10412 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 18238 of 2019
 

 
Petitioner :- Gopal Prasad And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Vashishtha Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saral Srivastava,J.

Heard learned counsel for the petitioners and Ms. Monica Arya, learned Additional Chief Standing Counsel appearing for the State-respondents.

The petitioners, by means of this writ petition, have assailed the order dated 13.2.2019 passed by the District Inspector of Schools, Mathura (in short the DIOS) by which approval to the appointment of the petitioners as Assistant Teacher in LT Grade in Jain Inter College, Chaurasi, Mathura has been declined.

It is contended by the learned counsel for the petitioners that the identical controversy has been settled in Writ A No.4791 of 2019 (Smt. Shweta Tiwari Vs. State of U.P. and others) in which this Court has quashed the order dated 13.2.2019 and remitted the matter back to the DIOS. Relevant extract of the judgement/order dated 11.4.2019 is extracted here-in-below:

"In consequence and as a result of discussion made above, the impugned order dated 13.2.2019 is quashed. The matter is remitted back to the District Inspector of Schools, the third respondent to accord fresh consideration to the claim of the petitioner for grant of approval to her selection having regard to the observations made above. It is desirable that before passing any fresh order, in case any additional representation or document is filed before the District Inspector of Schools by the petitioner or by Committee of Management of the institution, the same shall be duly considered. The decision in this regard shall be taken expeditiously, preferably within a period of eight weeks from the date of receipt of a certified copy of this order. "

Learned Additional Chief Standing Counsel could not dispute the aforesaid facts and on perusal of records, fairly submits that the controversy is squarely covered by the aforesaid judgment of this Court in Writ A No.4791 of 2019.

Accordingly, the order dated 13.2.2019 is quashed and the writ petition is allowed in terms of the judgment and order dated 11.4.2019 passed in Writ A No. 4791 of 2019 (Smt. Shweta Tiwari Vs. State of U.P. and others).

Order Date :- 16.8.2021

SKM