Dismissed¶12

Town Polytechnic Ballia Dist. Ballia Thru. Its Chairman and 2 Others v. State of U.P. Thru. Prin. Secy. Finance Lko and Another

Allahabad HC9 Jan 2025WRIC/8661/2024

Case brief

AI extract

What is this about?

Town Polytechnic Ballia; reading down paragraph 2; government order dated 6th January 2011; extension of benefits; Mahila Mahavidhyala Kanpur; Writ Petition No. 6389 (M/S) of 2011; judgment dated 6th September 2012; parity; polytechnic; State Universities Act 1973; first statutes of Chhtrapati Shahu Ji Maharaj University (Kanpur University); selection committee; Class IV employees; dismissal as withdrawn; liberty to file afresh; WRIT - C No. 8661 of 2024; Allahabad High Court Lucknow Bench; Justice Manish Mathur; Neutral Citation 2025:AHC-LKO:1762; decided 9.1.2025.

What did the court decide?

Petition dismissed as withdrawn, with liberty granted to the petitioner to file afresh. ¶12

Town Polytechnic Ballia Dist. Ballia Thru. Its Chairman and 2 Others vs State of U.P. Thru. Prin. Secy. Finance Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn, with liberty granted to the petitioner to file afresh.

¶12

Issue for consideration

Whether the petitioner is entitled to a direction for reading down paragraph 2 of the government order dated 6th January, 2011 and for extension of the benefits of the judgment and order dated 6th September, 2012 passed in Writ Petition No. 6389 (M/S) of 2011 (Mahila Mahavidhyala, Kanpur case). +2 more

¶7

Ratio / Principle

The petitioner, admittedly being a polytechnic, is not subject to the State Universities Act 1973 or to the first statutes of Chhtrapati Shahu Ji Maharaj University (Kanpur University).

¶9

Key takeaways

There is no parity between the petitioner and the judgment and order dated 06.09.2012 in Writ Petition No. 6389 (M/S) of 2011 on which reliance was placed; the cited precedent is accordingly inapplicable to the petitioner.ratio¶10

Detailed headnote1 paragraphs

WRIT - C No. 8661 of 2024 | Neutral Citation 2025:AHC-LKO:1762 | Town Polytechnic Ballia Dist. Ballia (through its Chairman and 2 others) v. State of U.P. (through Principal Secretary, Finance, Lucknow) and another | High Court of Judicature at Allahabad, Lucknow Bench, Court No. 19 | Hon'ble Manish Mathur, J. | Decided 9.1.2025. The petitioner, a polytechnic, prayed for (i) a direction for reading down paragraph 2 of the government order dated 6th January, 2011 and extension of the benefits of the judgment and order dated 6th September, 2012 passed in Mahila Mahavidhyala, Kanpur through its Principal v. Principal Secretary, Finance, Lucknow and others, Writ Petition No. 6389 (M/S) of 2011, and (ii) nomination by the opposite parties of members for constitution of a selection committee for selection of Class IV employees. Learned State Counsel (Mr. S.K. Khare) submitted that the judgments relied upon were inapplicable since the said paragraph had been read down as not in consonance with the first statutes of the university concerned nor with the State Universities Act 1973. Held: the petitioner, admittedly a polytechnic, falls outside the State Universities Act 1973 and the first statutes of Chhtrapati Shahu Ji Maharaj University (Kanpur University); consequently there is no parity with the judgment cited. Finding no parity, learned counsel for the petitioner sought leave to withdraw, and the petition was dismissed as withdrawn with liberty to file afresh.

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Neutral Citation No. - 2025:AHC-LKO:1762

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Court No. - 19

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Case :- WRIT - C No. - 8661 of 2024

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Petitioner :- Town Polytechnic Ballia Dist. Ballia Thru. Its Chairman And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Finance Lko And Another Counsel for Petitioner :- Annapurna Agnihotri Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioners and learned State Counsel for opposite parties.

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Petition has been filed seeking a direction for reading down paragraph 2 of the government order dated 6th January, 2011and to extend benefits of the judgment and order dated 6th September, 2012 passed in the case of Mahila Mahavidhyala,Kanpur through its Principal versus Principal Secretary, Finance, Lucknow and others, writ petition No. 6389 (M/S) of 2011. Further prayer for a direction to the opposite parties to nominate members for constitution of selection committee for selection of Class IV employees has also been sought.

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Mr. S.K. Khare learned State Counsel has adverted to the judgments on which reliance has been placed by learned counsel for petitioner with submission that the same are inapplicable in the present case since the aforesaid paragraph of the government order dated 6th January, 2011 was read down in view of the fact that it was not in consonance with the first statutes of university concerned nor even with the State Universities Act 1973.

¶9

Admittedly petitioner is a polytechnic and therefore the aforesaid State Universities Act 1973 or even first statutes of Chhtrapati Shahu Ji Maharaj University (Kanpur University) are not applicable upon the petitioner.

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In such circumstances, there does not appear to be any parity of the petitioner with the judgment cited.

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6.In view of aforesaid, learned counsel for petitioner seeks liberty to withdraw this petition in order to file afresh.

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As such, the petition is dismissed as withdrawn with aforesaid liberty to file afresh.

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Order Date :- 9.1.2025 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Town Polytechnic Ballia Dist. Ballia Thru. Its Chairman and 2 Others v. State of U.P. Thru. Prin. Secy. Finance Lko and Another

Case brief

What is this about?

What did the court decide?

Town Polytechnic Ballia Dist. Ballia Thru. Its Chairman and 2 Others v. State of U.P. Thru. Prin. Secy. Finance Lko and Another

Case brief

What is this about?

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What the court decided

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