Disposed¶14

C/M Kisan Inter College Agwanpur v. State of U.P. and 4 Others

Allahabad HC21 Mar 2025WRIA/9947/2024

Case brief

AI extract

What is this about?

Outsourcing manpower engagement committee; Government Order dated 28.10.2022 Special Secretary U.P.; Government Order dated 21.11.2022 number of workers in institution; inclusion of Principal or nominee in committee; representation before respondent no. 1 within 30 days, consideration within 2 months; matter covered by Committee of Management Sri Chhotu Ram Kishan Kanya Inter College Duhai v. State of U.P. (decided 8.1.2025); Kisan Inter College Agwanpur; WRIT - A No. 9947 of 2024; High Court of Judicature at Allahabad; Vikram D. Chauhan, J.; disposed 21.3.2025.

What did the court decide?

Writ petition disposed of in terms of the co-ordinate Bench judgment dated 8.1.2025; petitioner granted liberty to file a representation before respondent no. 1 within thirty days, to be considered within two months thereafter. ¶14

C/M Kisan Inter College Agwanpur vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the writ petition concerning the Committee constituted under the Government Order for engaging manpower through outsourcing (without institutional representation) should be disposed of in terms of the co-ordinate Bench judgment dated 8.1.2025, with liberty to seek inclusion of the Principal or nominee and reconsideration of the worker-strength Government Order.

¶6

Court's answer

The writ petition is disposed of in terms of the directions and observations issued by the co-ordinate Bench of this Court in Committee of Management Sri Chhotu Ram Kishan Kanya Inter College Duhai Vs. State of U.P. and 2 others, decided on 8.1.2025.

¶14

Ratio / Principle

The petitioner is set at liberty to prefer a representation before respondent no. 1; if such representation is filed within thirty days, respondent no. 1 shall consider it within two months thereafter.

¶14

Detailed headnote1 paragraphs

Writ petition WRIT - A No. 9947 of 2024 (C/M Kisan Inter College Agwanpur v. State of U.P. and 4 others), High Court of Judicature at Allahabad, decided 21.3.2025 by Hon'ble Vikram D. Chauhan, J. Counsel for the petitioner and the learned Standing Counsel jointly agreed that the matter was covered by the co-ordinate Bench judgment in Committee of Management Sri Chhotu Ram Kishan Kanya Inter College Duhai v. State of U.P. and 2 others (decided 8.1.2025), and the petition was disposed of in terms of that judgment's directions and observations. As recorded in the quoted precedent, the grievance related to Government Order dated 28.10.2022 (Special Secretary, Government of U.P.) constituting a Committee for engaging manpower through outsourcing without the institution's representative or Principal as a member, and to Government Order dated 21.11.2022 regarding the number of workers to be employed in an institution; the precedent held that inclusion of the Principal would prejudice no one, directed the State respondents to take an appropriate decision to include the Principal or its nominee in the Committee, and left it open to the State to revisit the latter G.O. in light of each institution's specific requirements. The petitioner was granted liberty to file a representation before respondent no. 1 within thirty days, to be considered within two months thereafter.

¶1

Neutral Citation No. - 2025:AHC:41994

¶2

Court No. - 7

¶3

Case :- WRIT - A No. - 9947 of 2024

¶4

Petitioner :- C/M Kisan Inter College Agwanpur Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashish Kumar,Divendu Tripathi Counsel for Respondent :- C.S.C.

¶5

Hon'ble Vikram D. Chauhan,J.

¶6

Sri Divendu Tripathi, learned counsel for the petitioner and learned Standing Counsel for the respondent-State agree that the present matter is covered by the judgment and order passed by the co-ordinate Bench of this Court in Committee of Management Sri Chhotu Ram Kishan Kanya Inter College Duhai Vs. State of U.P. and 2 others, decided on 8.1.2025, and the present writ petition be decided in terms thereof.

¶7

The judgment and order passed by the co-ordinate Bench of this Court in Committee of Management Sri Chhotu Ram Kishan Kanya Inter College Duhai Vs. State of U.P. and 2 others, decided on 8.1.2025, is quoted hereinbelow:-

¶8

" 1. Heard Sri Avijit Saxena, learned counsel for petitioner and learned Standing Counsel for State at length.

¶9

2. Case of petitioner is that Committee of Management is aggrieved by Government Order dated 28.10.2022 issued by Special Secretary, Government of U.P. whereby a Committee has been constituted for engaging manpower through outsourcing essentially on a ground that none of their representative, even the Principal of institution is not a Member of Committee being an appointing authority in view of relevant provisions.

¶10

3. Learned counsel for petitioner submits that similar writ petitions are being filed by other institutions also and fairly submits that grievance of institution will be considered and if a Member from the College be included in the Committee.

¶11

4. I have considered above submissions and taken note that impugned Government Order is passed in pursuance of a Policy, therefore, if Principal of institution is included in the Committee, no one will be prejudiced.

¶12

5. In view of above, this writ petition is disposed of with an observation that concerned State respondents will take an appropriate decision to include Principal or its nominee of the concerned institution in the Committee for purpose of engaging manpower from outsourcing.

¶13

6. So far as other Government Order dated 21.11.2022 is concerned which is in regard to number of workers to be employed in an Institute, the concerned State respondents may also revisit the same after taking note of specific requirement of each Institution. "

¶14

In view of the aforesaid, the writ petition is disposed of in terms of the directions and observations issued by the co-ordinate Bench of this Court in Committee of Management Sri Chhotu Ram Kishan Kanya Inter College Duhai Vs. State of U.P. and 2 others, decided on 8.1.2025. However, the petitioner is set at liberty to prefer representation in terms of the present order before the respondent no. 1 and in the event any such representation is filed within a period of thirty days from today, the same would be considered by respondent no. 1 within a period of two months thereafter.

¶15

Order Date :- 21.3.2025 VMA

¶16

Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad

C/M Kisan Inter College Agwanpur v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

C/M Kisan Inter College Agwanpur v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Brajesh Kumar Pandey vs State of Up and 6 Others

Ramcharitr vs State of U.P. and 6 Others

Ajay Kumar Singh vs State of U.P. and 5 Others

Arti Devi vs State of U.P. and Another

Neelu and 6 Others vs State of U.P. and Another

Yantrik Pravakta Sangh and 11 Others vs State of U.P. and 2 Others