Allowed

Ghanshyam Tiwari and Another v. Join T Director of Education and 4 Others

Allahabad HC1 Feb 2019SPLA/137/2019

Case brief

AI extract

What is this about?

Special Appeal against a non-speaking order dismissing a writ petition regarding appointment. The Division Bench held that dismissal without reasons is illegal and set aside the order, restoring the petition for fresh consideration.

What did the court decide?

Impugned order dated 4.1.2019 set aside; writ petition restored to original number for decision afresh on merits.

Ghanshyam Tiwari and Another Vs Join T Director of… — Service and Employment | Allahabad HC (2019)

¶1

Court No. - 29

¶2

Case :- SPECIAL APPEAL No. - 137 of 2019

¶3

Appellant :- Ghanshyam Tiwari And Another Respondent :- Join T Director Of Education And 4 Others Counsel for Appellant :- Ashok Kumar Pandey,Yashwant Singh Counsel for Respondent :- C.S.C.

¶4

Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.

¶5

Heard learned counsel for the petitioner-appellants, learned Standing Counsel and Sri A.K. Yadav, learned counsel for the respondents No. 4 and 5.

¶6

The writ petition of the petitioner-appellants was dismissed by the writ court vide judgement and order dated 4.1.2019 holding that a reading of the averments made in the petition do not make out a case to justify interference by the writ court and for granting reliefs as prayed therein. It has also been observed that the cause of action may not be surviving and therefore, the petition probably has become infructuous.

¶7

Learned counsel for the petitioner-appellants submits that the writ petition had not become infructuous as it relates to the matter of appointment of the petitioner-appellants. Moreover, the petition was decided in the absence of the counsel for the petitioner-appellants by a non-speaking order.

¶8

A similar order dismissing the writ petition came up for consideration before another Division Bench presided over by the Hon'ble Chief Justice in Special Appeal Defective No.248 of 2018, Sudha Singh Vs. District Inspector of Schools and others.

¶9

The Division Bench on the perusal of the impugned order passed by the writ court held that it is apparent that the petition has been dismissed without assigning reasons which is against the well settled principle that while disposing a petition on merits, the Court ought to assign reasons in support of its finding. Since no reasons were assigned in dismissing the petition, the order was set aside and the matter was remanded to the writ court for decision afresh.

¶10

Same is the position in the present case also. The writ court has dismissed the petition without assigning any reasons by casually observing that a reading of the

¶11

pleadings makes out no case for interference and for grant of any relief.

¶12

In view of above, the order dismissing the writ petition is a non-speaking order which cannot be sustained in law.

¶13

Accordingly, the order dated 4.1.2019 is set aside and the writ petition is restored to its original number for decision afresh on merits.

¶14

The Special Appeal is allowed.

¶15

Order Date :- 1.2.2019 SKS

Ghanshyam Tiwari and Another v. Join T Director of Education and 4 Others

Case brief

What is this about?

What did the court decide?

Ghanshyam Tiwari and Another v. Join T Director of Education and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kali Charan Vs State of U.P.

State of U.P. Thru Secy. Irrigation Deptt and Others Vs Vijay Kumar Yadav

Samsher Bahadur Patel and 50 Others Vs Union of India and 5 Others

Prem Nath Jaiswal Vs Official Liquidator and Others

Mohd. Parvez Alam and Others Vs State of U.P. and Others

C/M Sri Sanatan Dharam Kanya Inter College Thru Manager Vs State of U.P. and Others