Citation : 2021 Latest Caselaw 11410 ALL
Judgement Date : 1 December, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- CONTEMPT No. - 156 of 2018 Applicant :- Shiv Babu Opposite Party :- Sri Brijesh Mishra ,D.I.O.S.Pratapgarh And Another Counsel for Applicant :- Anand Dubey,Suraindra Kumar Mishra Counsel for Opposite Party :- Shobhit Mohan Shukla Hon'ble Rajan Roy,J.
Heard.
Ms. Bulbul Godiyal, learned Senior Counsel assisted by Sri Shobhit Mohan Shukla, learned counsel for the respondent are present in court. She informs the court that Manager is not competent to comply the Judgment of the writ court, therefore, an application for exemption of his appearance has been submitted. The President of the Managing Committee who is competent to comply the Judgment is present in the court. He says that the petitioner does not possess the requisite eligibility condition of knowledge of typing. He relies upon the Judgment of this court dated 22-11-2018 passed in Writ A No.23580 of 2018, Sudhanshu Tyagi Versus State of U.P. and 4 Others and the Rules known as The Uttar Pradesh Subordinate Officers Ministerial Group 'C' Post of the Lowest Grade (Recruitment by Promotion) Rules, 2001 readwith Regulation 2 of the Chapter III of the Regulations made in the U.P. Intermediate Education, Act, 1921 to contend that it is mandatory eligibility condition that has not been fulfilled by the petitioner, therefore, the petitioner is not entitled to be promoted on a Class-III post.
Learned counsel for the petitioner seeks time to file response.
A week's time is granted to learned counsel for the petitioner to file response.
List this case on 06-01-2022.
The President of the Managing Committee, who is present in court, need not appear again unless specifically called by the court.
Order Date :- 1.12.2021
AKS
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