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2007 DAILYLAW 3076 (ALL)

C/M JARIBANDHAN HIGHER SECONDARY SCHOOL AND ANOTHER v. STATE OF U.P. AND OTHERS

WRIA/43737/2007 · 2026-05-06

Saurabh Shyam Shamshery

body2007

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 43737 of 2007 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri B.C. Naik, learned counsel for petitioners and Sri A.K. Mishra, learned Standing Counsel for State. 2. Court finds that Division Bench of this Court in an earlier case of petitioners has already upheld the judgment of Single Judge that "this Court cannot direct creation of posts of teachers in Science and Mathematics in petitioners' institution" and further Division Bench has made a recommendation to create posts and it was up to respondents to accept it or not. 3. In view of above, since judgment passed by Division Bench of this Court is binding upon this Court, therefore, no contrary view can be taken. 4. Therefore, this writ petition is disposed of in terms of observations made by Division Bench of this Court vide order dated 12.01.2004 passed in Special Appeal No. 751/25 of 2004 without any direction to create post and without interfering with impugned order. May 7, 2026 N. Sinha Versus Counsel for Petitioner(s) : Brijesh Chandra Naik, G.K. Singh, Pradeep Verma, S.K.Maurya, Shailendra Kumar Maurya, V.K. Singh Counsel for Respondent(s) : C.S.C. (Saurabh Shyam Shamshery,J.) C/M Jaribandhan Higher Secondary School And Another .....Petitioner(s) State of U.P. and Others .....Respondent(s) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad