Allahabad High Court
Akash Gautam And 24 Others vs State Of U.P. And 14 Others on 26 September, 2022
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
i) Case :- WRIT - A No. - 12492 of 2022
Petitioner :- Akash Gautam And 24 Others
Respondent :- State Of U.P. And 14 Others
Counsel for Petitioner :- Man Bahadur Singh
Counsel for Respondent :- C.S.C.,Archana Singh,Ashok Kumar Singh,Deo Dayal,Pranesh Dutt Tripathi,Prem Prakash Yadav,Ram Bilas Yadav,Vijai Kumar Srivastava
And
ii) Case :- WRIT - A No. - 14366 of 2022
Petitioner :- Ramhari And 2 Others
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Man Bahadur Singh
Counsel for Respondent :- C.S.C.
Hon'ble Ashutosh Srivastava,J.
Since the controversy involved in both writ petitions are similar in nature. Hence, with the consent of the parties, they are being decided by a common judgment.
The facts of the writ petition No. 12492 of 2022 has been taken as a leading case.
Heard Shri Man Bahadur Singh, learned counsel for the petitioners, learned Standing Counsel for State-respondents, Shri Shresth Pratap Singh under the authority of Smt. Archana Singh, learned counsel for respondent Nos. 3 & 13 and Shri R. B. Yadav, learned counsel for respondent No. 6.
The grievance raised by the petitioners, by means of the present writ petitions, is with regard to Circular dated 2.7.2022 in so far as it prohibits issuance of 'No Objection Certificate' (NOC) to the petitioners and restricts the issuance of the same to the petitioners of Writ-A No. 988 of 2021. A writ of mandamus has also been claimed to issue the NOC to the petitioners who have not approached this Court, but are affected by the Government Order dated 4.12.2020 and were covered by the decision dated 29.10.2021 rendered by this Court in Writ-A No. 988 of 2021 (Rohit Kumar and 56 others versus State of U.P. and 43 others) and connected writ petitions.
Learned counsel for the petitioners has invited the attention of this Court to the operative portion of the order dated 29.10.2021 passed in the Writ-A No. 988 of 2021, particularly to Paragraph 22, which reads as under:-
"22. Accordingly, the writ petition is allowed by passing the following orders:
(i.) Para 5(1) of the Government Order dated 4 December 2020 is declared arbitrary, unreasonable, discriminatory and exceeding the authority conferred under Act, 1972 and Rules, 1981.
(ii.) Respondents are directed to issue NOC to all the petitioners recommended by the Selection Committee.
(iii.) All those Petitioners prohibited, in view of the Government Order dated 4 December 2020, from participating in the counselling, shall appear for counselling on the date to be notified by the Board.
(iv.) Petitioners shall be given appointment and placement of district strictly in accordance with Rules, 1981.
(v.) This order shall apply to all the candidates who have not approached this court but are affected by the impugned Government Order.
(vi.) The afore-noted orders shall be complied by the respondents within four weeks from the date of supply of copy of this order."
Counsel for the petitioners submits that this Court had directed the respondents to issue NOC to all the petitioners recommended by the Selection Committee and the Court had further issued the directions to all the petitioners prohibited by the Government Order dated 4.12.2020 from participating in the counselling to appear in the counselling on the date to be notified by the Board and thereafter, give appointment and placement of district strictly in accordance with Rules, 1981.
Shri Shresth Pratap Singh, learned counsel for respondent, on instructions, submits that a Corrigendum has now been issued by the Secretary, U.P. Basic Shiksha Parishad, Prayagraj wherein the NOC is now to be issued in favour of the applicants who applied for 69000 posts of Assistant Teachers recruitment and were recommended by the Selection Committee and the issuance of the NOC is not to be limited only to the petitioners of the Writ-A No.988 of 2021 and in view of the issuance of the Corrigendum, now no grievance survives for the petitioners.
Shri Man Bahadur Singh, learned counsel for the petitioners submits that so far as the grievance of the petitioners for non issuance of the NOC stands redressed. However, the respondents may be directed to undertake the follow up action as directed by this Court in Writ-A No. 988 of 2021.
The Court has considered the submissions advanced by the parties and is of the opinion that since the grievance of all the petitioners stands redressed by issuance of the Corrigendum by the State Government vide communication dated 16.9.2022, nothing survives to be adjudicated in the writ petition. It is expected that the respondents shall now proceed to execute the consequential action as directed by this Court in Paragraph 22 of the decision rendered in Writ-A No. 988 of 2021. The respondents are now directed to issue the NOC to all the participants of the selection within a week and complete the entire process as directed by this Court within a period of three months from today.
With the aforesaid observations/directions, the writ petitions stand disposed of.
Order Date :- 26.9.2022
Ravi Prakash
