Devendra Yadav vs State Of ...
2023 Latest Caselaw 16217 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:35672
 
Court No. - 17
 

 
Case :- WRIT - A No. - 24422 of 2020
 

 
Petitioner :- Devendra Yadav
 
Respondent :- State Of U.P.Thru.Prin.Secy.Basic Education And Ors.
 
Counsel for Petitioner :- Krishna Madhav Shukla
 
Counsel for Respondent :- C.S.C.,Neeraj Chaurasiya
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard the counsel for the petitioner and the learned Standing Counsel.

2. The present petition has been filed challenging the order dated 20.08.2020 whereby the approval to the appointment of the petitioner was denied solely based upon the Government Order dated 15.01.2019.

3. The counsel for the petitioner argues that the Government Order dated 15.01.2019, which is the foundation for passing of the impugned order was challenged in Writ A No.5418 of 2019 (C/M Manorama Kanya Junior High School Moradabad and another vs. State of U.P. and others) and was quashed by the judgment dated 24.09.2021.

4. Considering the fact that the sole foundation of the impugned order is the Government Order dated 15.01.2019, which has been quashed by this court, the present writ petition deserves to be allowed. The order dated 20.08.2020 is quashed with direction to the respondents to pass a fresh order on the application of the petitioner for approval in accordance with law within a period of three months.

5. The writ petition stands allowed.

Order Date :- 22.5.2023

KR