The State Of U.P. vs Harendra Kumar Verma And 65 Others
2021 Latest Caselaw 8063 ALL

Citation : 2021 Latest Caselaw 8063 ALL
Judgement Date : 15 July, 2021

Allahabad High Court

The State Of U.P. vs Harendra Kumar Verma And 65 Others on 15 July, 2021

Bench: Munishwar Nath Bhandari, Acting Chief Justice, Ajai Tyagi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 467 of 2021
 
Appellant :- The State Of U.P.
 
Respondent :- Harendra Kumar Verma And 65 Others
 
Counsel for Appellant :- Archana Singh
 
Counsel for Respondent :- Siddharth Khare
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Ajai Tyagi,J.

Heard Ms.Archana Singh, learned counsel for the appellant and Shri Ashok Khare, learned Senior Advocate assisted by Shri Siddharth Khare, learned counsel for the respondents.

By this appeal, a challenge is made to the judgment dated 03.09.2020 whereby the writ petition preferred by the petitioner was allowed.

The matter pertains to the recruitment to the post of Assistant Teachers pursuant to the selection of year 2019. Petitioner submitted application on-line. The incorrect description remained in the application thus sought to be corrected. It was not allowed thus a writ petition was filed. The learned Single Judge has directed for one opportunity for rectification of the error relying on the judgment of this Court in Writ-A No.21117 of 2018 (Satyendra Kumar Shukla vs. State of UP and others).

It is not in dispute that subsequent to the judgment aforesaid, individual case of the petitioner was considered by the appellant herein with a detailed order cancelling their selection. The said order was passed subsequent to the judgment. Thus, counsel for the petitioner/non-appellant prays for liberty to challenge the individual order. The judgment of the learned Single Judge is not sustainable in the light of the judgment of the Supreme Court dated 08th April, 2021, in Writ Petition (Civil) No.322 of 2021 (Jyoti Yadav and another vs. State of U.P. and others).

Learned counsel for the appellant has no objection, if the judgment of the learned Single Judge be set aside with liberty to the petitioner to challenge subsequent order.

In view of the above, the judgment of the learned Single Judge is set aside, however, with the liberty to the petitioner/non-appellant to challenge the subsequent order passed against the petitioner.

The appeal is disposed of with the aforesaid.

Order Date :- 15.7.2021/LN Tripathi