VIDYAWATI SINGH PATEL AND 4 OTHERS v. STATE OF UTTAR PRADESH AND 4 OTHERS
WRIA/1069/2025 · 2025-02-10
Prakash Padia
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 12038 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12038 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:18933 Court No. - 7 Case :- WRIT - A No. - 1069 of 2025 Petitioner :- Vidyawati Singh Patel And 4 Others Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Shashi Bhushan Mishra Counsel for Respondent :- C.S.C.,Shrinath Hon'ble Prakash Padia,J.
1. Heard Sri Shashi Bhushan Mishra, learned counsel for the petitioners, learned Standing Counsel on behalf of State-respondents and Sri Shrinath, learned counsel appearing on behalf of Respondent no . 4.
2. On 27.01.2025, the following order was passed by this Court:-
"1. The petitioners have preferred the present writ petition inter-alias with the prayer to direct the Respondent No. 4 namely District Basic Education Officer, Bhadohi to permit the petitioners to join their institution Teacher pursuant to the select list issued by him dated 07.01.2024, copy of which is appended as Annexure-8 to the writ petition.
2. Counsel for the petitioners placed reliance before this Court the letter of appointment issued by the aforesaid authority dated 07.01.2024. It is stated in paragraph-22 of the writ petition that Hon'ble Apex Court in Civil Appeal No. 4131 of 2024 (Umesh Chandra and others vs. State of U.P. and others) passed order dated 15.05.2024 (wrongly mentioned as 11.06.2024) that respondents directed to permit the persons whose name found in the select list dated 07.01.2024 to join their institution subject to final outcome of these appeals. The order dated 15.05.2024 passed in the Civil Appeal No. 4131 of 2024 is reproduced below:-
"After hearing learned counsel for the parties and on perusal of the statistics which are submitted before us, it reveals that the orders of appointment of 1796 persons and 4060 persons, who are in merit, have been issued on 30.12.2023 and 07.01.2024 respectively. Considering the post vacation academic session, which is to commence from 15th of June, 2024, we permit these 5856 persons to join, subject to final outcome of these appeals. The permission for joining is allowed looking to the public interest observing that their appointment and joining shall be subject to final outcome of the appeals. In view of the order passed above, the order dated 08.01.2024
stands modified. Relist the matter on 28.08.2024."
3. It is argued by the counsel for the petitioners that once the petitioners were issued appointment letter and permission was also granted by the Hon'ble Apex Court in its
order dated 15.05.2024 as quoted above the respondents be directed to permit the petitioners to join their respective institution without any delay.
4. On the other hand, it is argued by Shri Srinath, learned counsel appearing on behalf of Respondent No. 4/ District Basic Education Officer, Bhadohi that since the aforesaid Civil Appeal No. 4131 of 2024 is pending before the Hon'ble Apex Court, the petitioners were not permitted to join.
5. Heard counsel for the parties and perused the record.
6. From perusal of the record, it is clear that after an order of status quo was passed by the Hon'ble Apex Court on 08.01.2024, the said order was duly modified by the Hon'ble Apex Court itself in the same appeal vide order dated 15.05.2024, which is quoted above.
7. In this view of the matter, the Court is of the prima facie opinion that stands taken by the counsel appearing on behalf of Respondent Nos. 2, 3 & 4 is without any legal force. An interim mandamus is issued to the Respondent No. 4/ District Basic Education Officer, Bhadohi, District Bhadohi, either permit the petitioners to join their institutions or show cause within a period of two weeks from today.
8. Put up this matter as fresh on 10.02.2025. "
3. Pursuant to the aforesaid order a compliance affidavit has been filed by Respondent No. 4/ District Basic Education Officer, Bhadohi, District Bhadohi today in the Court, the same is taken on record.
4. It is stated in paragraph 4 of the said affidavit that the Secondary Basic Education Officer, Bhadohi, District Bhadohi vide its letter/order dated 04.02.2025 permitted the District Basic Education Officer, Bhadohi, District Bhadohi to get the petitioners joined on their respective posts, copy of the order is appended as Annexure No. CA-1 to the compliance affidavit. It is further stated that the District Basic Education Officer, Bhadohi, District Bhadohi got the letter dated 04.02.2025 on 07.02.2025 and he got the petitioners joined in their respective posts on 07.02.2025 in compliance of order dated 27.01.2025.
5. After going through the same, a prayer has been made by the counsel for the
petitioner that relief sought has already been granted, therefore, no further orders are required to be passed.
6. In view of above, the writ petition is dismissed as having become infructuous.
Order Date :- 10.2.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad