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2010 DAILYLAW 3866 (ALL)

PRATIBHA TRIVEDI v. DISTRICT INSPECTOR OF SCHOOLS AND OTHERS

WRIA/21183/2010 · 2026-05-06

Manju Rani Chauhan

body2010

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 21183 of 2010 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. There is illness of Mr. Arpit Mishra, learned counsel for the petitioner. However, there are six counsels in this petition on behalf of the petitioner and no one is present to assist the Court. The latest Vakalatnama on behalf of the petitioner has been filed by Ms. Rashmi Tripathi, Advocate, but she is also not present even in the revised call. 2. There are more than one counsels and only one of them has sought adjournment on the ground of illness, therefore, the Court would be justified not to accept the request for adjournment. A Division Bench of this Court in Special Appeal No.887 of 1997, Ashwani Kumar Vs. D. Sen Gupta and others, reported in MANU/UP/2279/2008 in somewhat similar circumstances taking the same view rejected request for adjournment observing as under:- "Since names of number of counsels are printed in the cause list for the appellant and, therefore, we are not inclined to adjourn this matter only on the ground of illness of one out of five learned counsels for the appellant" 3. In view of the aforesaid judgement passed by Division Bench of this Court, the Court cannot adjourn the matter on the illness of one out of six counsels shown on behalf of the petitioner. 4. The matter is of the year 2010. Versus Counsel for Petitioner(s) : Anjani Kumar Mishra, Arpit Mishra, Ms. Rashmi Tripathi, Punit Khare, V.Bajpai, Vinod Kumar Counsel for Respondent(s) : C.S.C. Pratibha Trivedi .....Petitioner(s) District Inspector Of Schools And Others .....Respondent(s) 5. From perusal of the order sheet, it transpires that the original records were called for from the Joint Director of Education, Allahabad Region, Allahabad, who was also directed to appear before the Court on the said date along with his personal affidavit. The matter was thereafter posted for 13.05.2010, and the learned Standing Counsel was directed to retain the original records. 6. Perusal of the record reveals that in compliance with the order dated 11.05.2010, the concerned Joint Director of Education was directed to file an affidavit explaining the following points:- "A. What was the basis of determination that there was a requirement of seven teachers in primary section of the institution, specifically when from the report of spot inspection carried out by the associate District Inspector of Schools, Allahabad it was found that actual number of total students present was only 36 in all the primary sections? B. What procedure is prescribed and what are statutory provisions, which are to be followed in the matter of appointment of teachers in primary section of an intermediate college?" 7. From perusal of the record as well as the personal affidavit filed by Amar Nath Verma, Joint Director of Education, Allahabad Region, Allahabad, this Court finds no merit in the present matter and, therefore, the petitioner is not entitled to any relief as prayed for. Even otherwise, no one is present on behalf of the petitioner to press the case, despite the matter having been taken up in the revised call. 8. In view of the above, the writ petition is dismissed being devoid of merits. May 7, 2026 Rahul. WRIA No. 21183 of 2010 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad