Allahabad High Court
Devendra vs State Of U.P. Thru. Prin. Secy. ... on 25 September, 2023
Bench: Attau Rahman Masoodi, Om Prakash Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2023:AHC-LKO:61699-DB
Court No. - 1
Case :- SPECIAL APPEAL No. - 463 of 2023
Appellant :- Devendra
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Civil Secrt. Lko. And Others
Counsel for Appellant :- O.P. Tiwari
Counsel for Respondent :- C.S.C.,Ran Vijay Singh
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the appellant, learned Standing Counsel for the State and Shri Ran Vijay Singh, learned counsel for opposite party No. 3.
2. The present intra court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules is directed against the judgment/order dated 28.8.2023 rendered by the learned Single Judge in Writ A No. 6419 of 2023 whereby the writ petition was dismissed keeping in view the judgment rendered by this Court in Special Appeal No. 15 of 2022 on 21.1.2022.
3. The judgment and order dated 21.01.2022 passed in Special Appeal No. 15 of 2022 is reproduced herein-under :-
Heard learned counsel for the appellant, learned Standing Counsel for the State and Shri Ran Vijay Singh, learned counsel for opposite party No.2.
This is an intra court appeal filed under Chapter VIII Rule 5 of the High Court Rules, 1952. The appellant has assailed the judgment/order dated 20.12.2021, rendered in a bunch of writ petitions classified in Group 'A' and Group 'B', in the leading case, i.e. Writ Petition No.8056 (S/S) of 2020. The appellant has stated to be in the category of writ petitions fall in Group 'B', meaning thereby that even if the benefit of one mark was available to an aggrieved candidate, yet the same would not become available to her in terms of the judgment rendered by a Division Bench of this Court in the case of Abhishek Srivastava and 14 others Vs. State of U.P. and 2 others [Special Appeal (Defective) No.343 of 2021] decided on 25.08.2021. It is in the light of the Division Bench judgment rendered by this Court that all the writ petitions were classified into two groups, i.e. Group 'A' and Group 'B'. It is not the case of the appellant that she had raised her grievance subsequent to the date of decision in the case of Abhishek Srivastava Vs. State of U.P.
The learned Single Judge has undertaken an exhaustive exercise to classify the two categories of cases and being bound by the observations made in the Division Bench judgment, the benefit accruing therein has rightly been accorded to the aggrieved parties. The co-ordinate bench judgment of this Court, which does not appear to have been challenged before the Hon'ble Apex Court, has rightly been followed by the learned Single Judge while deciding the bunch of writ petitions.
We find ourselves in agreement with the observations made and conclusion drawn by the learned Single Judge in the impugned judgment, which calls for no interference. The issues raised before the learned Single Judge have been considered exhaustively in the light of the law applicable in this behalf. The impugned judgment does not suffer from any illegality or perversity.
The special appeal is, accordingly, rejected at the admission stage."
4. Having gone through the records available before us and having heard learned counsel for the respective parties, we do not find it appropriate to take any other view other than the view taken by a Division Bench of this Court by passing a judgment and order dated 21.01.2022.
5. Accordingly, this special appeal is also dismissed at the admission stage itself.
Order Date :- 25.9.2023
kanhaiya
