Allahabad High Court
Smt. Hemlata vs State Of U.P. And 7 Others on 19 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:240727
Court No. - 35
Case :- WRIT - A No. - 19505 of 2023
Petitioner :- Smt. Hemlata
Respondent :- State Of U.P. And 7 Others
Counsel for Petitioner :- Bheem Singh,Aalok Singh
Counsel for Respondent :- C.S.C.,Adarsh Singh,Indra Raj Singh,Krishna Kumar Chand
Hon'ble Vikas Budhwar,J.
1. The writ petitioner herein had filed two writ petitions, one Writ A No. 11378 of 2023, Smt. Hemlata Vs. State of U.P. and Writ A No. 3482 of 2023 Smt. Hemlata Vs. State of U.P. and others in which a detailed order was passed on 05.10.2023, para 46 of the order is being quoted hereinunder:
"46. Accordingly, the writ petition is being decided on the following terms:(a) the writ petitioner and the seventh respondent in the leading writ petitioner and eighth respondent in the connected writ petition Dr. Manisha Agarwal as well as the Committee of Management, Champa Agarwal Kanya Inter College, Aligarh through its Manager/Authorised Controller shall appear along with their written version before the Director in the fourth week of October, 2023 (b) the version submitted by the parties shall be exchanged on the said date (c) a date shall be fixed in the week commencing 30.10. 2023, hearing be done on that date (d) the order be passed by Joint Director of Education, Aligarh Region, Aligarh by 15.11.2023 (e) the eighth respondent in the leading writ petition and nineth respondent in the connected writ petition, Director of Education (Secondary Education) Directorate, U.P. at Prayagraj, shall decide the issue bearing in mind the following fundamental and core aspects:-(i) the issue with regard to the transfer of Dr. Manisha Agarwal in the sixth respondent institution, Champa Agarwal Kanya Inter College, Aligarh (ii) the issue with regard to officiation of the writ petitioner, Smt. Hemlata as an Officiating Principal (iii) the transfer so effectuated of Dr. Manisha Agarwal on 30.6.2023 in the light of the Government Order dated 27.1.2020 and the amendments made by virtue of a notification dated 14.6.2019 (iv) the eligibility and the suitability of the writ petitioner to officiate as Principal in the institution in question (v) the import and the impact of the eligibility of the writ petitioner on the date of the occurrence of the vacancy consequent to the retirement of Smt. Pramila Saraswat on 30.6.2007, (vi) the issue with regard to withdrawal/cancellation of the requisition dated 29.6.2019 on 16.1.2023."
2. Post passing of the said order, the Director of Education (Secondary), U.P. has passed an order dated 10.11.2023 negating the claim of the writ petitioner.
3. Questioning the said order, the writ petitioner has filed the present writ petition.
4. This Court entertained the writ petition on 02.12.2023 while passing the following orders:
"Post remand in a writ petition preferred by the writ petitioner now the Director has passed the impugned order dated 10.11.2023 which according to the writ petitioner stands benefit of any reason in giving to the conclusion as conveniently the points formulated by this Court has been skipped and overlooked.
Shri Ratan Deep Mishra, learned Standing Counsel seeks time to obtain instructions.
Shri Indra Raj Singh has made a statement at bar that he has filed counter affidavit on 24.11.2023 without being directed to file.
Put up this case as fresh on 12.12.2023."
5. Thereafter on 12.12.2023, the following orders were passed:
"Pursuant to the order dated 02.12.2023, today the matter has been listed.
Incidentally Shri J.N. Maurya, learned Chief Standing Counsel is before this Court, he after going through the writ petition submits that the matter be posted on Monday i.e. 18.12.2023 at 2.00 pm.
Put up this case as fresh on 18.12.2023 at 2.00 pm."
6. Lastly on 18.12.2023, the following orders were being passed:
"As prayed, list on 19.12.2023 as fresh at 2:00 p.m."
7. Today again the matter is listed, a counter affidavit has been filed on behalf of the eight respondent which is already on record. Yesterday when the matter was taken up, instructions were forwarded by Shri J.N. Maurya, learned Chief Standing Counsel before this Court under the signatures of Director of Education (Madhyamik), U.P. at Prayagraj dated 15.12.2023 along with an order dated 15.12.2023 of the Director of Education (Madhyamik), U.P. at Prayagraj wherein the last paragraph, it has been recited that the order dated 10.11.2023 passed by the Director of Education (Secondary), U.P. at Prayagraj which is subject matter of challenge before this Court, has been modified by it. Yesterday, seeing the seriousness of the matter, the same has been placed today.
8. Shri Shailendra Singh, learned Standing Counsel has produced the instructions under the signatures of Director of Education (Madhayamik), U.P. at Prayagraj dated 18.12.2023 whereby the parties have been invited to appear for hearing on 28.12.2023. In the opinion of the Court, once an order is subject matter of challenge in writ proceedings and the Court is ceased of the same then the said order could not have been modified or amended by the Director of Education (Secondary) as the same would be in the direct teeth of the Division Bench Judgment of this Court in the case of Raj Kumar Singh Vs. State of U.P. 2005 (1) UPLBEC 50. At this juncture, Shri Shailendra Singh, learned Standing Counsel submits that an error has been crept and according to him the order be set aside and matter be remitted back to the Director of Education (Secondary), U.P. at Prayagraj who shall pass a fresh order strictly in accordance with law and the mandate as contained in the order of the Writ Court passed earlier.
9. Since a stand has been taken by the Director of Education (Secondary), U.P. at Prayagraj as recaptulated in the instructions dated 18.12.2023 provided today to the Court, this Court is closing the chapter today. However, it is observing that now the Director of Education (Madhyamik), U.P. at Prayagraj shall pass an order strictly in conformity and cosonance with the law.
10. Shri Indra Raj Singh, learned counsel for the eight respondent submits that the eight respondent have already joined the post in question as charge has been hand over to it by the writ petitioner, thus, his continuance may not be disturbed and the same shall be subject to the final orders to be post therein.
11. The Court is also oblivous of the fact that the seventh respondent, committee of management is not represented through any counsel, however since a stand has been taken by the Director of Education (Madhyamik) U.P. at Prayagraj that due to some misconception, illegality has been committed, thus, at this stage without disturbing the continuance of the eight respondent, is disposing of the case.
12. The order dated 10.11.2023 passed by the Director of Education (Secondary), U.P. at Prayagraj is set aside, the matter stands remitted back to the Director of Education (Secondary), U.P. at Prayagraj to pass a fresh order within a period of one month strictly in accordance with law.
13. Since the order dated 10.11.2023 has been set aside on the concession/statement made by the learned Standing Counsel thus it goes without saying that any modification done on 15.12.2023 shall also become unenforceable in the eyes of law.
14. The instructions filed today dated 18.12.2023 which is taken on record and marked as Appendix-A, the instructions dated 11.12.2023 marked as Appendix-B and the order dated 15.12.2023 marked as Appendix-C.
15. With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 19.12.2023
A. Prajapati
