Allowed

C/M Khandwari Devi Bal Vidya Mandir and Another v. State of U.P. and 2 Others

Allahabad HC26 Apr 2022WRIA/354/2022

Case brief

AI extract

What is this about?

This writ petition challenged an order rejecting the petitioner's claim for vacant posts. The Court held the order illegal, relying on a prior judgment that quashed a Government Order declaring posts dead cadres. The impugned order was quashed, and the District Basic Education Officer was directed to permit advertising the posts within three weeks, subject to a pending special appeal.

What did the court decide?

The order dated 21.12.2021 was quashed. The District Basic Education Officer was directed to permit the petitioner to advertise the post of clerk and peon within three weeks, subject to the final outc

C/M Khandwari Devi Bal Vidya Mandir and Another… — Education and Admissions | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 354 of 2022

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Petitioner :- C/M Khandwari Devi Bal Vidya Mandir And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Rajiv Joshi,J.

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Copy of the Instructions is taken on record.

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Heard Sri B.D. Pandey, learned counsel for the petitioner and learned Standing counsel for the State of respondents.

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The present writ petition has been filed by the Committee of Management of Khandwari Devi Bal Vidya Mandir Junior High School, Chandauli for quashing the impugned order dated 21.12.2021 whereby the claim of the petitioner for filling up the vacant post of Clerk and Peon has been rejected relying upon the Government order dated 15.1.2019.

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Learned counsel for the petitioner has relied upon the judgment of this Court in the case of Committee of Management, Manorama Kanya Junior High School, Moradabad and another Vs. State of U.P. and 2 others passed in Writ-A No.5418 of 2019 and has submitted that the Government order dated 15.1.2019 has already been held to be illegal and arbitrary. The relevant paragraphs of the said order is reads as under:-

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"34. Consequently, the Government Order dated 15.01.2019, insofar as it declares Class-III and Class-IV posts in junior high schools to be a dead cadre, is found to be wholly arbitrary, irrational, suffering from non application of mind and violative of Articles 14 & 21-A of the Constitution of India as also in teeth of the Act of 2009. The Government Order to that extent, accordingly, stands quashed. All consequential orders passed in the present bunch of writ petitions passed on different dates, declining permission to fill up the posts of Clerks and Class IV employees following the said Government Order, under challenge in the present bunch of petitions, are also quashed.

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35. As a consequence, the post in Class III and Class IV cadre, already sanctioned vide Government Order dated 2nd July, 1990, shall continue to exist and it shall be open to the private management to make appointments against it by following the procedure laid down in the Rules of 1984."

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Considering the submission of learned counsel for petitioner, it

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is noticed that Government Order dated 15.01.2019 to the extent that it declares Group 'C' and 'D' to be a dying cadre has been quashed. The impugned order relying upon the said Government Order dated 15.01.2019 on the face of it is illegal and arbitrary and clearly contrary to the above judgment passed by this Court.

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Learned Standing Counsel does not dispute the factual aspect that the said potion of the Government Order dated 15.01.2019 has been duly considered and set aside by this Court.

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Learned Standing counsel further submits that the order dated 24.9.2021 passed in Writ A No. 5418 of 2019 has been challenged in Special Appeal Defective No.30 of 2022. The said appeal has only been admitted for hearing and no interim order has been granted in favour of the State Government.

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Consequently, the writ petition is allowed. The order dated 21.12.2021 passed by District Basic Education Officer, Chandauli is hereby quashed. The respondent No.3, District Basic Education Officer, Chandauli is directed to permit the petitioner to advertise the post of clerk and peon vacant in the institution since 2019 within a period of three weeks from the date of the production of a copy of this order is placed before him.

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However, appointment made on the post clerk and peon shall be subject to the final outcome of Special Appeal Defective No. 30 of 2022.

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Order Date :- 26.4.2022 Akbar

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Digitally signed by MOHAMMAD AKBAR Date: 2022.04.27 10:24:34 IST Reason: Location: High Court of Judicature at Allahabad

C/M Khandwari Devi Bal Vidya Mandir and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

C/M Khandwari Devi Bal Vidya Mandir and Another v. State of U.P. and 2 Others

Case brief

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What did the court decide?

What the court decided

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