Court No. - 18
Case :- WRIT - A No. - 8949 of 2018 Petitioner :- Kuldeep Sharma Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is before this Court assailing the order dated 19.05.2017 passed by third respondent i.e. District Inspector of Schools, Bulandshahar disapproving the appointment of the petitioner on Class-IV post in view of Government Order dated 6.1.2011.
Learned counsel for the petitioner apprises to the Court that the aforesaid Government Order has already been set aside by learned Single judge in C/M Lala Babu Baizal Memorial Inter College v. State of U.P., 2012 (4) ADJ 586. He further apprises to the Court that the State Government has further issued Government Order dated 4th September, 2013, and the same was stayed by this Court in Writ Petition No.62544 of 2013 (C/M Lala Babu Baizal Memorial Inter College v. Special Secretary, Government of U.P.). Both the Government Orders have also been tested by the Division Bench of this Court in Rita Devi v. State of U.P. & Ors., 2015 (9) ADJ 494 (DB) in which after setting aside the impugned order the matter was remitted to the competent authority to decide the claim set up by the appellants in the aforesaid appeal. It is also contended that in similar circumstances this Court in Writ-A No.61323 of 2015 (Smt. Hemlata Singh v. State of U.P. & Ors.) relying on Rita Devi (Supra) has disposed of the writ petition on 06.11.2015 setting aside the impugned order and remitting the matter to the DIOS to consider afresh ignoring the Government Order dated 4th September, 2013.
So far as the legal and factual aspect are concerned, the same has not been disputed by learned Standing Counsel.
In the aforesaid facts and circumstances, the order impugned cannot sustain and is accordingly set aside. The matter is remitted back to the authority concerned to consider and decide the matter afresh in accordance with law and considering the judgments referred to above expeditiously.
The writ petition is allowed accordingly.
Order Date :- 29.3.2018 SP/