Court No. - 49
Case :- WRIT - A No. - 18537 of 2019 Petitioner :- Kusum Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Janardan Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Prakash Padia,J.
Learned counsel for the petitioner is permitted to correct the array of respondents.
Heard learned counsel for the petitioner, learned Standing Counsel accepted notice on behalf of respondents no. 1,2 and 5 and Sri Harshwardhan Gupta, learned counsel for respondents no. 3 and 4.
The petitioner has preferred the present writ petition with the prayer to quash the order dated 14.8.2019 passed by the District Basic Education Officer, Kaushambi/ respondent no. 4.
It is admitted by the counsels for the parties that in identical situation orders were passed by this Court from time to time. Learned counsel for the petitioner has relied upon a judgment delivered by this Court on 30.9.2019 passed in Writ A No. 15647 of 2019 (Aniket Mishra and 3 others Vs. State of U.P. and 3 others). The order is reproduced below:
"Learned counsel for the petitioners prays for and is permitted to implead District Level Adjustment Committee, Kaushambi through its Chairman/District Magistrate, Kaushambi as respondent No. 5 during the course of the day.
Heard learned counsel for the petitioners, learned Standing Counsel for the respondent nos. 1, 2 and 5 and Sri Harsh Vardhan Gupta, learned counsel for the respondent nos. 3 & 4.
Learned counsel for the petitioner is assailing the impugned adjustment order dated 14.8.2019 passed by respondent no.4 on different factual grounds.
Sri Harsh Vardhan Gupta, learned counsel for the respondent nos. 3 & 4 submitted that petitioner has alternative remedy to approach the District Level Committee as provided in Government Order dated 17.06.2019 which could not be disputed by the learned counsel for the petitioner.
Under such facts and circumstances, the writ petition is disposed of with liberty to the petitioner to approach respondent No. 5-District Level Committee constituted under the provisions of Government Order dated 17.06.2019 headed by District Magistrate by filing representation maximum within one week. In case any such representation is filed before the Committee, Committee shall consider and decide the same strictly in accordance with law maximum within four weeks from the date of production of certified copy of this order. For a period of five weeks from today or till decision taken by the Committee, whichever is earlier, no coercive action shall be taken against the petitioner.
It is made clear that Court has not adjudicated the case on merits and it is upon the Committee to decide the representation of the petitioner after considering the relevant Rules as well as Government Orders occupying the filed."
Under such facts and circumstances, the writ petition is disposed of with liberty to the petitioner to approach respondent No. 5-District Level Committee constituted under the provisions of Government Order dated 17.06.2019 headed by District Magistrate by filing representation maximum within one week. In case any such representation is filed before the Committee, Committee shall consider and decide the same strictly in accordance with law maximum within four weeks from the date of production of certified copy of this order. For a period of five weeks from today or till decision taken by the Committee, whichever is earlier, no coercive action shall be taken against the petitioner.
It is made clear that Court has not adjudicated the case on merits and it is upon the Committee to decide the representation of the petitioner after considering the relevant Rules as well as Government Orders occupying the filed.
Order Date :- 26.11.2019 Nadeem Ahmad