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Motilal Yadav vs State Of U.P.Thru. Addl.Chief ...

High Court Of Judicature at Allahabad|27 September, 2019

JUDGMENT / ORDER

Hon'ble Irshad Ali,J.
Heard Sri Moti Lal Yadav, Petitioner-in person, Sri R.K.S.Suryavanshi, learned counsel for the respondent no.2 and Sri Q.H.Rizvi learned Standing Counsel for the State-respondent no.1 and 3.
This is the 4th writ petition wherein challenge is to the quashment of the selection list of the Board constituted for appointment of the Principal and Lecturers has been sought. In the first writ petition, being Civil Misc. Writ Petition No. 36228 of 2015, the Principal Seat of this Court passed a detailed order dated 06.07.2015 thereafter, the same was dismissed as withdrawn vide order dated 12.04.2016. Thereafter, the petitioner filed a Misc. Bench No. 8466 of 2016 (Moti Lal Yadav Vs. State of U.P. and others) in which, on 21.04.2016, detailed order has been passed and on 16.09.2019 application for grant of interim relief has been rejected. The order dated 16.09.2019 reads as under:-
"This application is preferred to restrain the selected incumbents whose merit has been assessed by the respondent nos.4,5 & 6. In the instant petition for writ the eligibility of respondent nos. 4,5 & 6 to become Members of Secretary Education Services Selection Board is questioned. However, there is no direction to treat the respondent no.4,5 & 6 as illegible as no direction has been passed restraining the respondent nos.4,5 & 6 from participating in any process of selection.
In view of it, at this stage we do not favour to grant an interim relief for the application hence, is dismissed."
In the meantime, during the pendency of the aforesaid writ petition, one Avnish Kumar Pandey also filed a Public Interest Litigation (PIL) No. 28907 of 2016 (Avnish Kumar Pandey Vs. State of U.P. and others) in which too a detailed order dated 20.06.2016 has been passed.
The order dated 20.06.2016 passed in the third writ petition was challenged by Lalit kumar Srivastava by way of filing Special Leave to Appeal No. 16224 of 2016 before Hon'ble Apex Court and vide order dated 11.07.2016 effect and operation of the order dated 20.06.2016 was stayed, thereafter, with certain observation, vide order dated 06.09.2019, the matter was disposed off. The writ petition filed by the petitioner before this Court is still pending consideration in which prayer for grant of interim relief has been rejected.
Learned counsel for the respondent no.2 has made a statement at bar that the term of the Board has expired and new Board has been constituted and thus there is nothing in the instant petition.
It goes without saying that in all the aforesaid three petitions, prayer has been sought for quashment of the selection list.
Considering the aforesaid, we do not permit the petitioner to file one after another petition, therefore, we dismiss the writ petition with the liberty to the petitioner that if he has any grievance he may avail the remedy in the pending writ petition.
The instant petition is accordingly, dismissed.
[Irshad Ali,J.] [Pankaj Kumar Jaiswal,J.] Order Date :- 27.9.2019 S.Ali
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Title

Motilal Yadav vs State Of U.P.Thru. Addl.Chief ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 September, 2019
Judges
  • Pankaj Kumar Jaiswal
  • Irshad Ali