Disposed

C/M Kisan Intermediate College and Another v. State of U.P. and Another

Allahabad HC21 Dec 2018WRIA/26531/2018

Case brief

AI extract

What is this about?

This petition sought a direction to fill eight Assistant Teacher posts. The Court directed the Respondent No. 2 to consider the claim after verification within six weeks, following precedent, without deciding on the merits. The writ petition was disposed.

What did the court decide?

Direction to respondent No. 2 to consider the claim after verification within six weeks; writ petition disposed.

C/M Kisan Intermediate College and Another Vs… — Education and Admissions | Allahabad HC (2018)

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Court No. - 4

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Case :- WRIT - A No. - 26531 of 2018

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Petitioner :- C/M Kisan Intermediate College And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi

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Hon'ble Ajit Kumar,J.

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Heard learned counsels for the parties.

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The Committee of Management, Mahatma Gautam Uchchatar Madhyamik Vidhyalaya namely the petitioner has approached this Court for an appropriate direction to the respondent no. 2 to grant permission to fill up eight positions of Assistant Teacher in the Institution.

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Learned counsel for the petitioners has drawn the attention of the Court towards the letter dated 31.03.1995, whereby he claims that the Director of Education has sanctioned eleven posts of Assistant Teachers in the Institution. He further contends that factual position regarding sanction of strength has remained intact till date and has not been altered/ recalled till date. Therefore, he claims that this case may also be decided in view of the judgment of this Court in Committee of Management, Mahadev Prasad Purva Madhyamik Vidyalaya and Another Vs. State of U.P. and others in Writ - A No. 36910 of 2010 followed by this Court in another judgment of Sri Shankar Bakhsh Singh Junior High School & Anr Vs. State of U.P. & Ors and several other cases and the matter may be examined by the competent authority i.e. respondent no. 2.

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Sri P.D. Tripathi, learned counsel representing respondent no. 2 states that the claim of the petitioner will be considered in the light of legal and factual position that may emerge after due verification of records within a period of six weeks from the date of production of certified copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case at this stage and it will be open to the authority to take decision strictly in accordance with law.

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With the aforesaid directions and observations, the writ petition stands disposed of.

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Order Date :- 21.12.2018 Sanjeev

C/M Kisan Intermediate College and Another v. State of U.P. and Another

Case brief

What is this about?

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C/M Kisan Intermediate College and Another v. State of U.P. and Another

Case brief

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What the court decided

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