Manju Pandey vs State Of U.P. And 4 Others
2021 Latest Caselaw 1495 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 9998 of 2020
 

 
Petitioner :- Manju Pandey
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Gopal Ji Rai
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.

Heard the counsel for the petitioner .

The present writ petition has been filed challenging the order dated 7.8.2020 passed by the District Inspector of Schools, Ballia rejecting the representation of the petitioner regarding his ad hoc appointment under Section 16-E(11) of the Uttar Pradesh Intermediate Education Act, 1921 as Lecturer in Sukhpura Intermediate College, District Ballia.

The petitioner claims that his case is covered by the judgment and order dated 26.8.2020 passed by the Supreme Court in Civil Appeal No. 8300 of 2016 (Sanjay Singh & Ors. Vs. State of U.P. & Ors.). A Division Bench of this Court vide its order dated 7.9.2020 passed in Special Appeal Defective No. 399 of 2020 (Uma Kant Pandey & Anr. Vs. State of U.P. & 4 Ors.) held that even though the judgment and order dated 26.8.2020 of the Supreme Court was passed under Article 142 of the Constitution of India but as the directions given in the said order were in rem therefore similar issues arising in other cases shall be examined in the light of the aforesaid judgment of the Supreme Court.

The claim of the petitioner can only be examined after verifying the facts stated by the petitioner in the writ petition and the District Inspector of Schools, Ballia is the appropriate authority to verify the said facts. The order dated 26.8.2020 passed by the Supreme Court has been passed after the impugned order dated 7.8.2020 passed by the District Inspector of Schools, Ballia.

In light of the aforesaid, the writ petition is disposed of with the liberty to the petitioner to file a fresh representation before the District Inspector of Schools, Ballia bringing to his notice all the necessary facts and the aforesaid judgment of the Supreme Court who after considering the relevant records shall decide the representation of the petitioner and take appropriate action in accordance with law within a period of three months from the date a copy of this order produced before him.

It is clarified that this Court has not expressed any opinion on the merits of the claim of the petitioner .

Order Date :- 22.1.2021

Anurag/-