Neutral Citation No. - 2025:AHC-LKO:3745 Court No. - 5 Case :- WRIT - A No. - 760 of 2025 Petitioner :- Committee Of Management Shanti Niketan Vidya Madir Thru. Its Shri Ajit Kumar Singh Respondent :- State Of U.P. Thru. Its Addl. Chief Secy./ Prin. Secy. Deptt. Of Basic Edu. Lko. And 2 Others Counsel for Petitioner :- Abhijeet Singh,Amit Kumar Srivastava,Shobhit Singh Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard Shri Abhijeet Singh, learned counsel for the petitioner and Dr Udai Veer Singh, learned Additional Chief Standing Counsel for the State-respondents. 2. With the consent of the parties, the matter is being decided finally. 3. Under challenge is the order dated 27.08.2024, a copy of which is Annexure-8 to the petition, whereby the respondent No.3, by considering the Government Order dated 15.01.2019 has rejected the claim of the petitioner for grant of permission for advertising the vacant posts of Clerk and a Class IV employee in the petitioner- Institution. 4. Contention of the learned counsel for the petitioner is that the aforesaid Government Order dated 15.01.2019, which has been made the basis for rejecting the application of the petitioner, has already been set aside by this Court in Writ A No.5418 of 2019 In Re Committee of Management Manorama Kanya Junior High School, Moradabad & Anr vs State of U.P. & Ors vide order dated 24.09.2021, a copy of which is Annexure-10 to the petition and thus the respondent No.3 has patently erred in placing reliance on the Government Order which has already been set aside by the writ court and consequently the impugned order merits to be set aside on this ground alone. 5. Further contention of the learned counsel for the petitioner is that aforesaid judgment of the writ court has been challenged by the respondents-State by filing Special Appeal (Defective) No.30 of 2022 which though has been admitted yet no interim order has been passed in favour of the State consequently there cannot be any occasion for the respondents to have placed reliance on the aforesaid Government Order dated 15.01.2019 while rejecting the claim of the petitioner and thus prays that the impugned order be set aside. 6. On the other hand, Dr Udai Veer Singh, learned Additional Chief Standing Counsel states that once the judgment of the Writ Court dated 24.09.2021 is already subjudice before the Division Bench of this Court in aforesaid special appeal, which has been admitted, consequently there cannot be any occasion for the petitioner to be given permission for advertising the vacant posts of Clerk and a Class IV employee in the Institution consequently order impugned has correctly been passed by the respondents. 7. Having heard learned counsel for the parties and perused the record, it emerges that the petitioner-Institution had requested for permission from respondent No.3 for advertising the vacant posts of Clerk and a Class IV employee, which permission has been turned down by means of the impugned order dated 27.08.2024 by placing reliance on the Government Order dated 15.01.2019. 8. Admittedly, the aforesaid Government Order has already been set aside by this Court in the case of Committee of Management Manorama Kanya Junior High School, Moradabad (supra). Special Appeal filed against the said judgment has only been admitted and no interim order has been passed whereby the order passed by the writ court in the case of Committee of Management Manorama Kanya Junior High School, Moradabad (supra) may have been stayed and as such there was no occasion for the respondent No.3 to have placed reliance on the Government Order dated 15.01.2019 while rejecting the claim of the petitioner institution. 9. At the same time, this Court may not lose sight of the fact that the special appeal filed by the State has already been admitted and is pending for consideration before the Division Bench of this Court. 10. Considering the aforesaid, impugned order dated 27.08.2024, a copy of which is Annexure-8 to the petition, is quashed. The writ petition is allowed. 11. Respondent No.3 i.e. District Basic Education Officer, District Lucknow is directed to permit the petitioner to advertise for the post of Clerk and a Class IV employee in the institution in accordance with law under relevant rules, which permission would be granted within a period of four weeks from the date of receipt of a certified copy of this order. Any appointment made on the said post pursuance to the advertisement that is issued by the institution would be subject to the final outcome of the Special Appeal (Defective) No.30 of 2022 which fact would be indicated in the appointment order which would be issued to the selected candidates. Order Date :- 21.1.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench