Court No. - 58
Case :- WRIT - A No. - 10665 of 2018 Petitioner :- Madan Tiwari Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Aman Arya,Shivam Yadav
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order passed by the Joint Director of Education, VIIth Region, Gorakhpur, whereby he has stayed his earlier order dated 21.3.2018 and directed the parties to appear before him.
The order under challenge is assailed on the ground that vide order dated 21.3.2018 petitioner's signature has been attested on the post of Officiating Principal and such working cannot be interfered with.
Learned counsel for the respondents points out that the order dated 21.3.2018 is apparently in teeth of the order passed by the learned Single Judge in Writ Petition No.20808 of 2017, as affirmed in Special Appeal Defective No.371 of 2017 on 13.7.2017. Submission is that the order dated 21.3.2018 is in teeth of the Division Bench order, and therefore, if the Joint Director has stayed his earlier order, no interference is called for.
Heard learned counsel for the parties and perused the materials brought on record.
Prima facie the contention advanced on behalf of the respondents appears to have substance. In such circumstance, if the Joint Director has issued notice to parties to appear before him while staying his earlier order, no case is made out to interfere in the matter.
However, the observations made in this order would not prejudice the case of the parties and it is clarified that this order does not deal with the legality of appointment of respondent no.8 on the post of Lecturer.
Subject to the observations aforesaid, this writ petition is consigned to records.
Order Date :- 26.4.2018 Ashok Kr.