2 MAHINE KE ANDAR BHRTEE POOREE KARNEE HAI, 15 DIN KE ANDAR JOIN KARNA HAI
DOUBLE BENCH ( 2 JUDGES) KA ORDER KYA HAI -
the writ petition is disposed of with a direction to respondents- Competent Authority (ies) to complete process of making actual appointments within a period of two months from the date of production of a certified copy of this order before concerned appointing authorities; and, ensure that appointed persons join their respective posts within a further period of fifteen days and primary institutions starts functioning in the next session, i.e. from July, 2014 and onwards which would be in large public interest.
NEELAM KUMARI KI WRIT PAR JO STAY HAI , USKO REVIEW/RECALL KARNE KE LIYE BOLA HAI, NEELAM KUMARI KI WRIT MEIN AADESH SINGLE BENCH JUDGE KA AADESH THAA KI ACTUAL APPOITNMENT NA KIYE JAYEN AUR SELECTION PROCESS CHALTEE RAHE.
ORDER MEIN DONO HEE BAAT LIKHEE HAI.
CONDITIONAL JOINING TO DEE HEE JA SAKTEE HAI,
VAISE BHEE NEELAM AGAR REVIEW PETITION FILE KARTEE HAIN TO UNKI WRIT MEIN AISEE KOEE VISESH BAAT NAHIN KI SARKAR SCIENCE/MATH TEACHER KEE BHRTEE NA KARE, SARKAR JAROORATON KI HISAB SE VACANCIES NIKAL SAKTEE HAI, BAAD MEIN ARTS KI BHEE NIKAL SAKTEE HAI AGAR USE JAROORAT LAGE TO
NEELAM KI WRIT PAR KYA KAHA HAI -
writ petition No.52521 of 2013 (Neelam Kumari Gautum vs. State of U.P.), wherein by order dated 13.11.2013 the learned Single Judge has passed an interim order to the extent that "it goes without saying, on the statement made by them, no appointments in pursuance to the advertisements issued would be made by them. The selection process, however shall continue"
The said interim order is still continuing.
UPROKT DONO BATEN CONTRADICTORY LAG RAHEE HAIN, LEKIN NEELAM KO WRIT VAPAS LENE KO BOLA HAI, DOBARA FILE KAR SAKTEE HAIN
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- SPECIAL APPEAL No. - 622 of 2014
Appellant :- Anil Kumar Singh
Respondent :- State Of U.P. And 8 Ors.
Counsel for Appellant :- Shailesh Upadhyay,Radha Kant Ojha
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Seemant Singh,Shailendra
Hon'ble Rajes Kumar,J.
Hon'ble Shamsher Bahadur Singh,J.
Heard Sri Radha Kant Ojha, learned Senior Counsel appearing on behalf of the appellant.
This is an appeal filed, against the order dated 29.5.2014 passed by the learned Single Judge in writ petition No.28686 of 2014 (Bramh Dev Yadav and others vs. State of U.P.).
It appears that by Government Order dated 11.7.2013 the process for the appointment of the Assistant Teacher in Senior Basic Schools i.e. the schools imparting education from class 5th to class 8th which is stated to be Junior High School has been started.
The grievance of petitioners was that a huge number of vacancies in Primary Schools are continuing for years together and despite the fact that eligible and suitable candidates are available and there is no obstruction before respondents in any manner yet for sheer inaction or apathy, respondents are not completing process of appointment as a result whereof thousands of Primary Schools are running without Teachers. Having regard to the fact and circumstances of the case, the learned Single Judge has disposed of the writ petition with the following observation:
10. "Be that as it may, at this stage since all preliminaries and other rituals with regard to selection has already completed, as stated at the Bar, I do not find it an occasion to make any further and detail observations on the conduct of respondents, except of placing on record a serious disapproval and condemnation of this Court on such inaction and lethargy as also incompetency on the part of State in so doing. Larger public interest cannot be permitted to sub-serve for otherwise individual or personal interest of State authorities.
11. In the facts and circumstances of the case, the writ petition is disposed of with a direction to respondents- Competent Authority (ies) to complete process of making actual appointments within a period of two months from the date of production of a certified copy of this order before concerned appointing authorities; and, ensure that appointed persons join their respective posts within a further period of fifteen days and primary institutions starts functioning in the next session, i.e. from July, 2014 and onwards which would be in large public interest.
Learned Counsel for the appellant submitted that by the impugned order, passed in the writ petition No.28686 of 2014 the learned Single Judge has directed the competent authority to complete the process of making actual appointments, is wholly unjustified inasmuch as the Government order dated 11.7.2013 has been challenged in the writ petition No.52521 of 2013 (Neelam Kumari Gautum vs. State of U.P.), wherein by order dated 13.11.2013 the learned Single Judge has passed an interim order to the extent that "it goes without saying, on the statement made by them, no appointments in pursuance to the advertisements issued would be made by them. The selection process, however shall continue"
The said interim order is still continuing.
Sri Shailendra appearing on behalf of the respondent Nos.5 to 9� filed counter affidavit� on 14.7.2014 along with the Misc. Application, wherein an objection about the locus of Anil Kumar Singh in filing the Special Appeal and maintainability of the special appeal are being raised.
On the facts of the case, we are of the view that the appellant may file a review /recall application before the learned Single Judge for the review/recall of the order dated 29.5.2014, wherein he may take all the grounds taken in the present appeal.
The Special Appeal is accordingly, disposed of.
We however, request the learned Single Judge that, in case, application for review/ recall is filed,� the same may be disposed of expeditiously.
Order Date :- 7.4.2015
Pr/-
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DOUBLE BENCH ( 2 JUDGES) KA ORDER KYA HAI -
the writ petition is disposed of with a direction to respondents- Competent Authority (ies) to complete process of making actual appointments within a period of two months from the date of production of a certified copy of this order before concerned appointing authorities; and, ensure that appointed persons join their respective posts within a further period of fifteen days and primary institutions starts functioning in the next session, i.e. from July, 2014 and onwards which would be in large public interest.
NEELAM KUMARI KI WRIT PAR JO STAY HAI , USKO REVIEW/RECALL KARNE KE LIYE BOLA HAI, NEELAM KUMARI KI WRIT MEIN AADESH SINGLE BENCH JUDGE KA AADESH THAA KI ACTUAL APPOITNMENT NA KIYE JAYEN AUR SELECTION PROCESS CHALTEE RAHE.
ORDER MEIN DONO HEE BAAT LIKHEE HAI.
CONDITIONAL JOINING TO DEE HEE JA SAKTEE HAI,
VAISE BHEE NEELAM AGAR REVIEW PETITION FILE KARTEE HAIN TO UNKI WRIT MEIN AISEE KOEE VISESH BAAT NAHIN KI SARKAR SCIENCE/MATH TEACHER KEE BHRTEE NA KARE, SARKAR JAROORATON KI HISAB SE VACANCIES NIKAL SAKTEE HAI, BAAD MEIN ARTS KI BHEE NIKAL SAKTEE HAI AGAR USE JAROORAT LAGE TO
NEELAM KI WRIT PAR KYA KAHA HAI -
writ petition No.52521 of 2013 (Neelam Kumari Gautum vs. State of U.P.), wherein by order dated 13.11.2013 the learned Single Judge has passed an interim order to the extent that "it goes without saying, on the statement made by them, no appointments in pursuance to the advertisements issued would be made by them. The selection process, however shall continue"
The said interim order is still continuing.
UPROKT DONO BATEN CONTRADICTORY LAG RAHEE HAIN, LEKIN NEELAM KO WRIT VAPAS LENE KO BOLA HAI, DOBARA FILE KAR SAKTEE HAIN
?Court No. - 36
Case :- SPECIAL APPEAL No. - 622 of 2014
Appellant :- Anil Kumar Singh
Respondent :- State Of U.P. And 8 Ors.
Counsel for Appellant :- Shailesh Upadhyay,Radha Kant Ojha
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Seemant Singh,Shailendra
Hon'ble Rajes Kumar,J.
Hon'ble Shamsher Bahadur Singh,J.
Heard Sri Radha Kant Ojha, learned Senior Counsel appearing on behalf of the appellant.
This is an appeal filed, against the order dated 29.5.2014 passed by the learned Single Judge in writ petition No.28686 of 2014 (Bramh Dev Yadav and others vs. State of U.P.).
It appears that by Government Order dated 11.7.2013 the process for the appointment of the Assistant Teacher in Senior Basic Schools i.e. the schools imparting education from class 5th to class 8th which is stated to be Junior High School has been started.
The grievance of petitioners was that a huge number of vacancies in Primary Schools are continuing for years together and despite the fact that eligible and suitable candidates are available and there is no obstruction before respondents in any manner yet for sheer inaction or apathy, respondents are not completing process of appointment as a result whereof thousands of Primary Schools are running without Teachers. Having regard to the fact and circumstances of the case, the learned Single Judge has disposed of the writ petition with the following observation:
10. "Be that as it may, at this stage since all preliminaries and other rituals with regard to selection has already completed, as stated at the Bar, I do not find it an occasion to make any further and detail observations on the conduct of respondents, except of placing on record a serious disapproval and condemnation of this Court on such inaction and lethargy as also incompetency on the part of State in so doing. Larger public interest cannot be permitted to sub-serve for otherwise individual or personal interest of State authorities.
11. In the facts and circumstances of the case, the writ petition is disposed of with a direction to respondents- Competent Authority (ies) to complete process of making actual appointments within a period of two months from the date of production of a certified copy of this order before concerned appointing authorities; and, ensure that appointed persons join their respective posts within a further period of fifteen days and primary institutions starts functioning in the next session, i.e. from July, 2014 and onwards which would be in large public interest.
Learned Counsel for the appellant submitted that by the impugned order, passed in the writ petition No.28686 of 2014 the learned Single Judge has directed the competent authority to complete the process of making actual appointments, is wholly unjustified inasmuch as the Government order dated 11.7.2013 has been challenged in the writ petition No.52521 of 2013 (Neelam Kumari Gautum vs. State of U.P.), wherein by order dated 13.11.2013 the learned Single Judge has passed an interim order to the extent that "it goes without saying, on the statement made by them, no appointments in pursuance to the advertisements issued would be made by them. The selection process, however shall continue"
The said interim order is still continuing.
Sri Shailendra appearing on behalf of the respondent Nos.5 to 9� filed counter affidavit� on 14.7.2014 along with the Misc. Application, wherein an objection about the locus of Anil Kumar Singh in filing the Special Appeal and maintainability of the special appeal are being raised.
On the facts of the case, we are of the view that the appellant may file a review /recall application before the learned Single Judge for the review/recall of the order dated 29.5.2014, wherein he may take all the grounds taken in the present appeal.
The Special Appeal is accordingly, disposed of.
We however, request the learned Single Judge that, in case, application for review/ recall is filed,� the same may be disposed of expeditiously.
Order Date :- 7.4.2015
Pr/-
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