Vineet Kumar vs State Of U.P. And 4 Others
2021 Latest Caselaw 7147 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 
Case :- WRIT - A No. - 6757 of 2021
 
Petitioner :- Vineet Kumar
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Siddharth Khare,Shri Ashok Khare, Sr. Advocate
 
Counsel for Respondent :- C.S.C.,Vijai Kumar Srivastava
 

 
Hon'ble Vivek Chaudhary,J.

The case is taken up through video conferencing.

Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for petitioner, learned Standing Counsel and Sri V.K. Srivastava, learned counsel for respondent nos.4 & 5.

Challenging the impugned order dated 12.2.2021 on behalf of petitioner Vineet Kumar at Serial No.9 in the said order, learned Senior Counsel submits that three grounds raised in the impugned order. The first ground is that petitioner had completed his D.Ed. after intermediate, the second ground is that he got his school education board ETE certificate from Jammu & Kashmir and the third is that he had completed his graduation first year and ETE diploma final year in the same year. He further submits that the first ground is covered by the judgment in the case of 'Vikram Singh and 4 others Vs. State of U.P. and 3 others', the second ground being covered by the judgment in the case of 'Smt. Shalu Sharma and another Vs. State of U.P. and 5 others' and the third ground is covered by the judgment in the case of 'Arvind Prakash Dwivedi Vs. State of U.P. and 3 others' and is affirmed by Division Bench of this Court in Special Appeal Defective No.898 of 2020 (Board of Basic Education and another Vs. Arvind Prakash Dwivedi and 2 others). In view thereof, all the three questions are already decided by this Court.

After perusal of the said judgments, Mr. V.K. Srivastava, learned counsel for respondent nos.4 & 5 and learned Standing Counsel could not dispute the same.

In view of above, the impugned order dated 12.2.2021 is set aside and the present petition is allowed to the extent of present petitioner.

The respondents authorities are directed to allot institution for joining of the petitioner in District Rampur within a period of five weeks from today.

Order Date :- 6.7.2021/Anil K. Sharma