Karan Singh and 10 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Karan Singh and 10 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Review of Paragraph No. 6 of the order dated 1.12.2023, substituting a revised operative portion under which Writ-A No. 19372 of 2021 is allowed, the order dated 11.11.2021 is quashed, the petitioners may file a fresh representation before the District Basic Education Officer, Bijnor within one month to be decided in light of the Angad Yadav decision within two months, and salary is to be paid within one month if the representation is decided in their favour.

Issue for consideration

Whether the order dated 1.12.2023 disposing of Writ-A No. 19372 of 2021 suffered from an error apparent on the face of the record inasmuch as it failed to quash the order dated 11.11.2021 which was under challenge in that writ petition.

Court's answer

The order dated 1.12.2023 suffers from an error apparent on the face of the record because the order dated 11.11.2021 was under challenge in Writ-A No. 19372 of 2021 and this Court, while disposing of the writ petition, ought to have quashed it.

Ratio / Principle

The review petition is allowed; the operative portion, i.e. Paragraph No. 6, of the order dated 1.12.2023 is reviewed and is to be read afresh as revised by this order.

Key takeaways

As per the reviewed operative portion, the writ petition (Writ-A No. 19372 of 2021) is allowed and the order dated 11.11.2021 is quashed.ratio¶10
Liberty is given to the petitioners to file a fresh representation before the District Basic Education Officer, Bijnor within one month, which he is to consider and decide in light of this Court's decision in the Angad Yadav case within two months thereafter.ratio¶10
If the representation is decided in favour of the petitioners, payment of salary shall be made to them within one month thereafter.

Detailed headnote1 paragraphs

Review application (CIVIL MISC REVIEW APPLICATION No. 555 of 2024, High Court of Judicature at Allahabad, Manjive Shukla J., order dated 7.1.2025): The applicants' writ petition Writ-A No. 19372 of 2021, challenging an order dated 11.11.2021, had been disposed of by this Court on 1.12.2023 merely with liberty to file a fresh representation before the District Basic Education Officer, Bijnor (to be considered in light of this Court's decision in Angad Yadav and 7 Others v. State of U.P. and 4 Others, Writ-C No. 33360 of 2017, decided 19.08.2017), without quashing the impugned order dated 11.11.2021. Finding this to be an error apparent on the face of the record, the Court allowed the review and substituted Paragraph 6 of the order dated 1.12.2023 with a revised operative portion: the writ petition is allowed; the order dated 11.11.2021 is quashed; the petitioners may file a fresh representation before the District Basic Education Officer, Bijnor within one month, to be considered and decided in light of the Angad Yadav decision within two months thereafter; and, if decided in their favour, salary is to be paid within one month thereafter.

Neutral Citation No. - 2025:AHC:3030

Court No. - 81

Case :- CIVIL MISC REVIEW APPLICATION No. - 555 of 2024

Applicant :- Karan Singh And 10 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shailesh Pandey Counsel for Opposite Party :- C.S.C.

Hon'ble Manjive Shukla,J.

Heard Sri Shailesh Pandey, learned counsel appearing for the review applicants.

Learned counsel appearing for the applicants has submitted that Writ-A No. 19372 of 2021 was filed by the review applicants challenging therein the order dated 11.11.2021 and that writ petition has been disposed of by this Court vide order dated 1.12.2023 with liberty to the petitioners to file a fresh representation before the District Basic Education Officer, Bijnor within one month with a direction to the District Basic Education Officer to consider and decide the representation in light of the decision of this Court rendered in the case of Angad Yadav and 7 Others Vs. State of U.P. and 4 Others (Writ-C No. 33360 of 2017) on 19.08.2017, within a period of two months but the order dated 11.11.2021, impugned in the writ petition, has not been quashed.

I have considered the submissions advanced by the learned counsel appearing for the review-applicants and I find that the order dated 11.11.2021 was under challenge in Writ-A No. 19372 of 2021, therefore this Court while disposing of the writ petition ought to have quashed the said order, as such the order dated 1.12.2023 suffers from the error apparent on the face of record.

In view of the aforesaid submissions, this review petition is allowed. The operative portion i.e. Paragraph No. 6 of the order dated 1.12.2023 is reviewed and be read as under:

"Considering the facts and circumstances of the case, with the consent of learned counsels appearing for the parties, this writ petition is allowed. The order dated 11.11.2021 is quashed. Liberty is given to the petitioners to file a fresh representation before the District Basic Education Officer, Bijnor within a period of one month from today with a direction to him to consider and decide

the said representation in light of the decision of this Court referred in the case of Angad Yadav (Supra) within a period of two months thereafter. It is also provided that if the representation is decided in favour of the petitioners, the payment of salary shall be made to them within one month thereafter."

Order Date :- 7.1.2025 A. Mandhani

Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad