Allowed

Smt. Rinki Mishra v. State of U.P. and 2 Others

Allahabad HC15 Sept 2022SPLA/547/2022

Case brief

AI extract

What is this about?

The Single Judge Special Appeal set aside an order dismissing a writ petition. The Court held that the issue regarding recruitment appointments made in substance raised needed fresh consideration by the Single Judge, even if the government communication was not explicitly challenged, to avoid an anomalous situation regarding the applicable remedy.

What did the court decide?

Impugned order set aside; Writ Petition listed before Single Judge.

Smt. Rinki Mishra Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2022)

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Chief Justice's Court Serial No.18

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**HIGH COURT OF JUDICATURE AT ALLAHABAD *****

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SPECIAL APPEAL No. - 547 of 2022

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(Arising out of Writ-A No.8579 of 2022)

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Smt. Rinki Mishra

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.....Appellant

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Through :- Mr. Ved Byas Mishra, Advocate

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v/s

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State of U.P. and others .....Respondents Through :- Mr. Ankit Gaur, Standing Counsel for respondent No.1 and Mr. Avneesh Tripathi, Advocate for respondent Nos.2 & 3

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CORAM : HON'BLE RAJESH BINDAL, CHIEF JUSTICE HON'BLE J.J. MUNIR, JUDGE

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ORDER

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The order dated July 7, 2022 passed by learned Single Judge is under challenge in the present intra-Court appeal.

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Learned counsel for the appellant submitted that similar issue came up for consideration before this Court in Special Appeal No. 533 of 2022, titled as Seema Pandey v. State of U.P. and others and Special Appeal No.535 of 2022, titled as Anurag Awasthi v. State of U.P. and others in which vide orders dated August 4, 2022 and August 5, 2022 respectively, the orders passed by learned Single Judge was set aside and the matter was remitted back for fresh consideration. It is further submitted that in the present case, specifically the communication from the Government was not challenged in the writ petition. However, in substance, the issue would be the same as is to be considered by the learned Single Judge. In case the appellant is relegated to avail of his remedy under Section 68 of the U.P. State Universities Act, 1973, in that event the position would be anomalous as on the one side the Chancellor will consider the issue in reference whereas the same issue will be considered by the learned Single Judge of this Court.

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2 SPLA No. 547 of 2022

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Considering the fact that in substance the issue raised in the present case as well as the matters, which have been remitted back to the learned Single Judge, are regarding appointments on the post of Assistant Teacher, in our view, even if the communication from the State dated November 12, 2021 was not challenged in the writ petition, still the issue being same in substance, let all the matters be considered by learned Single Judge.

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For the reasons mentioned above, the present appeal is allowed. The impugned order dated July 7, 2022 is set aside. Let the Writ-A No. 8579 of 2022 be now listed along with Writ-A Nos. 2124 and 2264 of 2022 on September 27, 2022 before learned Single Judge, as per roster.

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(J.J. Munir) (Rajesh Bindal) Judge Chief Justice

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Allahabad 15.09.2022

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Rakesh/Kuldeep

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Whether the order is speaking : Yes Whether the order is reportable : Yes/No

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Digitally signed by RAKESH MEHTA Date: 2022.09.28 10:06:12 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Rinki Mishra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt. Rinki Mishra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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