Vibha Tripathi vs State Of U.P. And 2 Others
2023 Latest Caselaw 1720 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 
Case :- WRIT - A No. - 70 of 2023
 
Petitioner :- Vibha Tripathi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ram Sanehi Yadav
 
Counsel for Respondent :- C.S.C.,Jay Ram Pandey
 

 
Hon'ble Neeraj Tiwari,J.

Heard counsel for the petitioner, learned standing counsel for the State-respondents and Sri Jay Ram Pandey, learned counsel for the respondent nos. 2 & 3.

It is argued by the counsel for the petitioner that pursuant to the directions given by this Court dated 25.07.2012 in Writ A No. 33828 of 2012 (Hari Shanker And Others vs. State of U.P. Thru.Its Secy. And Others) along-with connected matters though representations have been made by the petitioner before the respondent no. 3/ Basic Education Officer, Mirzapur from time to time but till date no decision has been taken.

Counsel for the petitioner relied upon the following paragraph of the aforesaid judgment:-

"Petitioners have tried to submit that amongst untrained Assistant Teachers, two classes have been created, as service of only those untrained Assistant Teachers have been terminated, who have been appointed after 27.07.2011, i.e., after enforcement of U.P. Right of Children to Free and Compulsory Education Rules, 2011, and the services of untrained teachers appointed prior to it have not been terminated. Negative equality cannot be claimed, and said class of teachers are not before this Court, either individually or collectively, as such this Court is not touching this question and deciding and deciding the said question, and this issue is left open to be decided in appropriate proceedings.

In view of what has been discussed above, all the writ petitions are dismissed. The claim of the petitioners be considered against existing class III/IV vacancies except qua class III vacancies which are to be filled up by way of promotion, preferably within next two months."

Heard counsel for the parties and perused the record.

With the consent of counsel for the parties, the present petition is disposed of finally permitting the petitioner to make a fresh representation specially in the light of law laid down by this Court in the case of Hari Shanker (Supra) before respondent no. 3/ Basic Education Officer, Mirzapur along-with certified copy of this order within a period of two weeks from today. In case any such representation is filed by the petitioner before the respondent no. 3, within the time indicated hereinabove, he shall consider and decide the same by a speaking and reasoned order as expeditiously as possible preferably within a period of two months from the date of filing of such representation by the petitioner before him.

Order Date :- 17.1.2023

Junaid