Allahabad High Court
State Of U.P. And 4 Others vs Vineet Kumar on 12 May, 2022
Bench: Surya Prakash Kesarwani, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Court No. - 3
Case :- SPECIAL APPEAL No. - 320 of 2022
Appellant :- State Of U.P. And 4 Others
Respondent :- Vineet Kumar
Counsel for Appellant :- C.S.C.
Counsel for Respondent :- Siddharth Khare
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the appellants and Sri Siddharth Khare, learned counsel for the respondent.
This special appeal has been filed praying to set aside the judgment and order dated 06.07.2021 in Writ-A No. 6757 of 2021 (Vineet Kumar Versus State of U.P. and 4 others) passed by the learned Single Judge. The impugned judgment dated 06.07.2021 is reproduced below:-
"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."
We repeatedly asked the learned Standing Counsel for the appellant to point out any illegality in the impugned judgment and order, but he could not point out any illegality in it.
In view of the aforesaid, we do not find any good reason to interfere with the impugned judgment.
For all the reasons aforestated, the special appeal is dismissed.
Order Date :- 12.5.2022
T.S.
