Court No. - 58
Case :- WRIT - A No. - 12791 of 2018 Petitioner :- Ram Nath Saini Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harshit Pathak,Anurag Pathak Counsel for Respondent :- C.S.C.,Bhola Nath Yadav
Hon'ble Ashwani Kumar Mishra,J.
The petitioner, who is working as Headmaster in Prathamik Vidyalalay, Budheda, District Saharanpur has preferred the instant writ petition seeking a mandamus directing the respondents to pass orders relating to demotion of all teachers in the district, who had been granted promotion by granting them the benefit of reservation. It is submitted that the Supreme Court in the case of U P Power Corporation Ltd. Versus Rajesh Kumar & others, 2012 Law Suit (SC) 245, has held Rule 3(7) of the Uttar Pradesh Public Servants (Reservation for Schedule Castes, Scheduled Tribes and other Backward Classes) Act, 1994 to be ultra vires. It is submitted that the Secretary, Basic Shiksha Parishad, Allahabad had issued directions to all the Regional Assistant Director of Education (Basic) on 9 November 2015 to ensure implementation of the judgment of the Supreme Court in their respective regions. The grievance of the petitioner is that in district Saharanpur, the judgment of the Supreme Court has not been enforced, as the respondents have till date not passed any order of demotion.
Learned counsel for the petitioner submitted that the petitioner has already represented in this regard before the respondents and he may be directed to consider the same, to which learned Standing Counsel appearing for the respondent No.1 and Sri B.
N. Yadav for respondent nos.2 and 3 do not have any objection.
Accordingly, the writ petition is disposed of by directing the respondent no.2 to consider the representation of the petitioner in the light of the judgment of the Supreme Court in the case of Rajesh Kumar (supra), and the directions issued by the Secretary, Basic Shiksha Parishad, Allahabad, vide letter dated 9 November 2015, expeditiously and preferably within a period of two months from the date of communication of this order.
Order Date :- 28.5.2018 Ashok Kr.