Allahabad High Court
Km. Shalini vs State Of U.P. Thru. Secy. (Basic ... on 4 May, 2022
Bench: Devendra Kumar Upadhyaya, Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SPECIAL APPEAL No. - 184 of 2022
Appellant :- Km. Shalini
Respondent :- State Of U.P. Thru. Secy. (Basic Education), Civil Sectt. Govt. U.P. Lko. And 6 Others
Counsel for Appellant :- Arvind Mishra
Counsel for Respondent :- C.S.C.,Ran Vijay Singh
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for appellant, learned Standing Counsel for the State-respondents and Sri Ran Vijay Singh,learned counsel for respondent no.2-U.P.Basic Education Board.
By means of this special appeal, a challenge has been made to judgment and order dated 20.12.2021 whereby a bunch of writ petitions, leading writ petition being Writ Petition No.8056 (S/S) of 2020 was decided.
A perusal of the order dated 20.12.2021 passed by learned Single Judge which is appeal under herein, reveals that the said bunch was bifurcated in two groups, namely, Group 'A' and Group 'B'. The writ petitions clubbed in Group 'A' were allowed whereas those clubbed in Group 'B' were dismissed.
One Sandhya Singh had also instituted a writ petition which was also decided by means of judgment and order dated 20.12.2021 by learned Single Judge. The petition filed by Sandhya Singh was clubbed in Group 'B' of the writ petitions which were dismissed. Against the judgment and order dated 20.12.2021, Sandhya Singh preferred Special Appeal bearing No.15 of 2022 which has been dismissed by means of the order dated 21.01.2022. The judgment and order dated 21.01.2022 passed in Special Appeal No.15 of 2022 filed by Sandhya Singh is reproduced herein under:-
Heard learned counsel for the appellant, learned Standing Counsel for the State and Shri Ran Vijay Singh, learned counsel for opposite party No.2.
This is an intra court appeal filed under Chapter VIII Rule 5 of the High Court Rules, 1952. The appellant has assailed the judgment/order dated 20.12.2021, rendered in a bunch of writ petitions classified in Group 'A' and Group 'B', in the leading case, i.e. Writ Petition No.8056 (S/S) of 2020. The appellant has stated to be in the category of writ petitions fall in Group 'B', meaning thereby that even if the benefit of one mark was available to an aggrieved candidate, yet the same would not become available to her in terms of the judgment rendered by a Division Bench of this Court in the case of Abhishek Srivastava and 14 others Vs. State of U.P. and 2 others [Special Appeal (Defective) No.343 of 2021] decided on 25.08.2021. It is in the light of the Division Bench judgment rendered by this Court that all the writ petitions were classified into two groups, i.e. Group 'A' and Group 'B'. It is not the case of the appellant that she had raised her grievance subsequent to the date of decision in the case of Abhishek Srivastava Vs. State of U.P.
The learned Single Judge has undertaken an exhaustive exercise to classify the two categories of cases and being bound by the observations made in the Division Bench judgment, the benefit accruing therein has rightly been accorded to the aggrieved parties. The co-ordinate bench judgment of this Court, which does not appear to have been challenged before the Hon'ble Apex Court, has rightly been followed by the learned Single Judge while deciding the bunch of writ petitions.
We find ourselves in agreement with the observations made and conclusion drawn by the learned Single Judge in the impugned judgment, which calls for no interference. The issues raised before the learned Single Judge have been considered exhaustively in the light of the law applicable in this behalf. The impugned judgment does not suffer from any illegality or perversity.
The special appeal is, accordingly, rejected at the admission stage."
Having gone through the records available before us and having heard learned counsel for the respective parties, we do not find it appropriate to take any other view other than the view taken by a Division Bench of this Court by passing a judgment and order dated 21.01.2022.
Accordingly, this special appeal is also dismissed at the admission stage itself.
Order Date :- 4.5.2022
Renu/-
