Virendra Kumar And Ors. vs Vinod Kumar And Ors.
2021 Latest Caselaw 8377 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Chief Justice's Court
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 122 of 2019
 

 
Appellant :- Virendra Kumar And Ors.
 
Respondent :- Vinod Kumar And Ors.
 
Counsel for Appellant :- Himanshu Raghave
 
Counsel for Respondent :- C.S.C.,Ajay Kumar,Mohit Dwivedi
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Manish Kumar,J.

Civil Misc. Leave to File Special Appeal

Leave granted.

Civil Misc. Delay Condonation Application

Delay in filing the appeal is condoned as counsel for the side opposite has no objection to it. The application is, accordingly, allowed.

Special Appeal

By this appeal, a challenge is made to the judgment dated 19.11.2018 passed by learned Single Judge whereby the writ petition preferred by the petitioners to seek appointment on the post of Trainee Teachers was dismissed. It is taking note of the fact that all the 66,655 posts advertised by the respondents have been filled.

It is a case where the writ petition was preferred by the petitioners and many others to seek appointment on the post of Trainee Teachers. Certain interim orders were passed by learned Single Judge. It is said to have not been complied but we do not find a contempt petition for it and otherwise the matter was concluded by the Apex Court in the case of State of U.P. and others Versus Shiv Kumar Pathak and others (Civil Appeal Nos. 4347-4375 of 2014) by the judgment dated 25.07.2017. Para 19 of the judgment of the Apex Court is quoted hereunder for ready reference :-

"19. We have been informed that 66,655 teachers have already been appointed in pursuance of the interim orders of this Court. Having regard to the entirety of circumstances, we are not inclined to disturb the same. We make it clear that the State is at liberty to fill up the remaining vacancies in accordance with law after issuing a fresh advertisement."

The para quoted above shows a finding of the Apex Court regarding filling-up of all the 66,655 posts pursuant to the interim order. Thus, the Apex Court did not find a case to disturb the orders and liberty was given to the State to fill-up the remaining vacancies in accordance with law after issuing a fresh advertisement.

In the light of the judgment of the Apex Court, learned Single Judge has dismissed the writ petition. It is more so when the selection process came to an end long back, i.e., five years by the time the petition was filed and also finding dismissal of the similar writ petition in the case of Raghvendra Pratap Singh Versus State of U.P. and others (Writ-A No. 9366 of 2018 ) by the order dated 26.04.2018.

We do not find any error in the judgment of learned Single Judge. Accordingly, the appeal fails and is dismissed.

Order Date :- 22.7.2021

Ashish