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C/M Shri Shyam Lal Vidya Mandir ... vs State Of U.P. And 2 Others

High Court Of Judicature at Allahabad|20 January, 2021

JUDGMENT / ORDER

Heard learned counsel for petitioners and Mrs. Archana Singh, learned Additional Chief Standing Counsel appearing for the State- respondent and perused the record.
Both the parties agreed that the controversy involved in the present petition can be finally disposed of in terms of the judgment and order dated 14.12.2020 passed by this Court in Writ- A 927 of 2020 (C/M Of Sri Kissan Vidyapeeth Inter College Daleep Pur. Auraiya, And Another vs. State of U.P. And 4 Others); which is quoted as under:-
"This petition and other connected matters deal with the issue of a refusal on the part of the State respondents to accord approval to the appointment of Class III staff in Secondary educational institutions. In most of the petitions, permission has either been refused by a specific order passed in that respect or further action not taken in view of a Government Order of 30 October 2019 On 26 November 2020 while considering the broader issues in Writ A No. 381 of 2020 relating to recruitment and appointment to Class III/IV posts, Teachers, Headmasters and Principals in Basic and Secondary educational institutions, the Court had noted the statement made on behalf of the State that the Government Order of 30 October 2019 stands restricted in its application to the 26 institutions which are mentioned therein and that the same did not constitute a fetter insofar as other secondary educational institutions are concerned. It was in that light that Ms. Archana Singh the learned Additional Chief Standing Counsel was required to submit a list of all matters tagged with Writ A 381 of 2020 which could be disposed of. The list of matters has been submitted and it is in that backdrop that this petition and other similar matters are taken up for disposal.
In view of the factual position noted above, the learned Advocate General contends that the orders impugned either refusing to accord approval or a failure to take further action in light of the Government Order of 30 October 2019 would not sustain.
In view of the aforesaid, this petition shall stand disposed of with a direction to the competent authorities to consider the prayer for approval as addressed by the petitioners afresh and in accordance with law. The issue of consideration of approval shall neither be rejected nor refused based on the Government Order dated 30 October 2019. The orders under challenge, if any, insofar as they refuse to accord approval in light of the aforesaid Government Order shall stand set aside.
Though needless to state, it is clarified that all other contentions of respective parties on merits, other than what has been noted above, are kept open. "
Accordingly, present petition also stands disposed of in terms of the above quoted order.
Order Date :- 20.1.2021 Aditya
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Title

C/M Shri Shyam Lal Vidya Mandir ... vs State Of U.P. And 2 Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
20 January, 2021
Judges
  • Vivek Kumar Birla