Allahabad High Court
Jitendra Kumar vs State Of U.P. Thru. Prin. Secy. ... on 16 February, 2023
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - A No. - 15171 of 2021
Petitioner :- Jitendra Kumar
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education And Ors.
Counsel for Petitioner :- Ram Kumar Verma,Anil Kumar Yadav,Diwakar Singh Kaushik,Jai Prakash Yadav
Counsel for Respondent :- C.S.C.
with
Case :- WRIT - A No. - 5536 of 2020
Petitioner :- Kunal Sharma And Ors.
Respondent :- State Of U.P.Thru Prin.Secy.Secondary Education Lko And Ors.
Counsel for Petitioner :- Jai Prakash Yadav,Ram Kumar Verma
Counsel for Respondent :- C.S.C
with
Case :- WRIT - A No. - 17842 of 2021
Petitioner :- Prasoon Kumar And Anr.
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Edu. And Ors.
Counsel for Petitioner :- Ram Kumar Verma,Jai Prakash Yadav
Counsel for Respondent :- C.S.C.
with
Case :- WRIT - A No. - 31180 of 2021
Petitioner :- Ajay Kumar Singh And Ors.
Respondent :- State Of U.P. Thru. Prin.Secy. Secondary Education And Ors.
Counsel for Petitioner :- Ram Kumar Verma,Jai Prakash Yadav
Counsel for Respondent :- C.S.C.
with
Case :- WRIT - A No. - 30367 of 2021
Petitioner :- Pankaj Verma
Respondent :- State Of U.P. Thru. Prin. Secy. Secondaru Edu. Lko And Others
Counsel for Petitioner :- Ram Kumar Verma,Anil Kumar Yadav,Jai Prakash Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State.
In this bunch of writ petitions, petitioners have approached this Court for a mandamus commanding the respondents to issue appointment letters to petitioners on the post of Assistant Teachers (L.T. Grade) on the basis of selection held in the year 2014 and the merit list issued by the Joint Director of Education, Faizabad Region Faizabad. In view thereof, all the writ petitions are being decided together by a common order.
Learned counsel for the petitioners submits that after the said selection was completed, the State Government came out with a policy decision to get the said posts re-advertised and selection made through the Commission instead of the department. The said decision of the State Government was challenged in large number of petitions and this Court at Allahabad in Special Appeal No.399 of 2018 (Vipin Kumar Sharma Vs. State of U.P. and 3 Others) allowed the appeal by judgment and order dated 03.07.2018 on the ground that once the selection process was completed, it was not proper to cancel the same.
Learned Standing Counsel has raised an objection that the petitions are highly belated as the same are filed for the selection period held in the year 2014.
In reply to the same, learned counsel for the petitioners submits that as far as in the year 2020, 2021 and 2022, appointment letters were issued to persons on the basis of said merit list of the year 2014 under the directions of this Court. Petitioners have approached this Court in the year 2020 and 2021 and, hence, they are also entitled for being appointed.
The Director of Education (Secondary), Uttar Pradesh, Lucknow was required to file affidavit by order dated 24.01.2023 informing the Court as to whether the said vacancies are still available or not. It is informed that the said vacancies are still available as the Commission has not yet proceeded to hold any selection.
Apparently, even while petitioners had already filed the present bunch of writ petitions, respondents were proceeding to grant appointments as per directions of this Court. Therefore, petitioners cannot be denied benefit granted to other persons. In view thereof, the benefit of order dated 03.07.2018 passed in Special Appeal No.399 of 2018 (Vipin Kumar Sharma Vs. State of U.P. and 3 Others) is also made available to the present petitioners.
Looking into the aforesaid facts and circumstances of the case, respondent no.2 Director of Education (Secondary), Uttar Pradesh, Lucknow is directed to consider the case of petitioners in light of the order dated 03.07.2018 passed in Vipin Kumar Sharma case (supra) and pass appropriate order, in accordance with law, within a period of two months from the date a certified copy of this order is placed before him.
With the aforesaid directions, all the writ petitions stand allowed.
Order Date :- 16.2.2023
Arti/-
[Vivek Chaudhary,J.]
