Court No. - 36
Case :- WRIT - A No. - 12618 of 2021 Petitioner :- C/M Raja Raghuraj Singh Inter College And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for parties.
Learned counsel for parties are ad idem that this petition would merit disposal in terms of the final order passed by the Court in C/M Mahanth Triveni Parvat Inter College Vs. State of U.P. and 2 others [Writ A No.10062 of 2021].
The impugned order passed by the respondents refusing to accord permission to fill a class III post runs on lines similar to the one which was noticed by the Court in the writ petition aforenoted. Dealing with the validity of that order the Court disposed of that writ petition as follows:-
"After hearing learned counsel for the parties, detail order was passed on 18.08.2021, which reads as under:-
"Pursuant to the order passed on 13 August 2021, Sri J.N. Maurya, learned Chief Standing Counsel has placed for the perusal of the Court the instructions received today. From those instructions, it is pointed out that the order of the Court inadvertently refers to the communication of 19 January 2021 as a Government Order. It is pointed out that the aforesaid document appended along with the writ petition was in fact merely instructions which were provided to the Chief Standing Counsel. The Court notes in this behalf that the order of 13 August 2021 proceeded on the basis of the recitals contained in the order of the Director of Education (Secondary) dated 25 March 2021 and more particularly para V thereof which referred to that communication as a Government Order. However this much is clear that the communication of 19 January 2021 were merely instructions provided by the respondents.
The issue which however still remains is whether the reasons assigned in the impugned order of 25 March 2021 are in consonance with the statement of the learned Advocate General which was noted by the Court in Writ-A No.927 of 2020.
To enable learned counsels to address submissions in this respect, include in the list of fresh cases of 02 September 2021."
Learned Chief Standing Counsel has obtained instructions, according to which the State Government has examined the matter and a direction has been issued to the Director on 31st August, 2021 for deciding the matter on merits and not to decide the claim on the basis of order dated 30.10.2019 and 19.01.2021.
In view of the subsequent order passed by the State Government, the order passed by the Director dated 25.03.2021 cannot be sustained and is hereby quashed. The Director shall revisit the issue in light of the Government Order dated 31.08.2021, by passing a fresh order within a period of two months from the date of presentation of a copy of this order.
The petition is allowed, accordingly."
In view of the aforesaid, it was conceded that the order impugned would not sustain and the second respondent would consequently be obliged to reevaluate the claim of the petitioners for being accorded permission to fill up the vacancies existing in the Class-III cadre afresh and in accordance with law.
Accordingly, the writ petition is allowed. The impugned order dated 22 July, 2021 is quashed and set aside. The matter shall stand remitted to the second respondent for considering the claim afresh bearing in mind the observations made hereinabove.
Order Date :- 23.9.2021 Rmk.