A single judge dismissed a writ petition on jurisdictional grounds, holding that the impugned DIOS order merely referred to a Government Order and did not warrant court jurisdiction.
Writ petition dismissed on jurisdictional ground.
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Neutral Citation No. - 2024:AHC-LKO:28853
Court No. - 20
Case :- WRIT - A No. - 2818 of 2024
Petitioner :- Harsh Raj Singh Respondent :- State Of U.P. Thru. Prin . Secy. Secondary Education Lko. And 4 Others Counsel for Petitioner :- Madhukar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Shree Prakash Singh,J.
Preliminary objection is raised by Sri Vivek Shukla, learned Additional Chief Standing Counsel for the State that the order dated 21.02.2024 passed by the DIOS Ballia is under challenge and thus the writ petition is not maintainable before this Court.
On the other hand, the learned counsel appearing for the petitioner submits that along with the order dated 21.02.2024, he has also challenged the Government Order dated 30.10.2019 and thus, the same is maintainable.
Considering the submissions of the learned counsel for the parties, it transpires that substantially the order dated 21.02.2024 passed by the DIOS, wherein, the Government Order dated 30.10.2019 is referred is under challenge and therefore, the same does not confer any jurisdiction to the Court.
In view of the above, the writ petition is hereby dismissed on jurisdictional ground.
Liberty is given to the petitioner to approach appropriate Court.
Order Date :- 9.4.2024 AKS
Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the writ petition challenging an order passed by DIOS, referring to a Government Order, is maintainable before this Court.
Harsh Raj Singh
State of U.P. Thru. Prin. Secy. Secondary Education Lko.
Prakash Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
