GIRISH KUMAR MISHRA v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. SECONDARY EDU. LKO. AND 4 OTHERS
WRIA/3574/2025 · 2025-04-09
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131739 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131739 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19875 Court No. - 3 Case :- WRIT - A No. - 3574 of 2025 Petitioner :- Girish Kumar Mishra Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Secondary Edu. Lko. And 4 Others Counsel for Petitioner :- Krishna Madhav Shukla Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri K.M. Shukla, learned counsel for the petitioner and Sri Pankaj Patel, learned Standing Counsel for opposite parties No. 1 to 5.
2. Order under challenge is an order dated 28.02.2025 passed by Director of Secondary Education, U.P. in compliance of
order dated 13.09.2023 passed by this Court in an earlier writ petition of the petitioner bearing Writ-A No.6802/2023; Girish Kumar Mishra vs. State of U.P., wherein it has been categorically indicated that for the post of Assistant Teacher the name of 18 persons including the petitioner were short listed but as per policy in terms of U.P. Secondary Sanskrit Education Board Regulation, 2009, seven persons were to call against one post and the merit of the petitioner finds place at serial No.17, therefore, he was not called for interview and one Praveen Kumar Pandey has been selected by the Committee of Management and he submitted his joining on the post of Assistant Teacher on 21.10.2023. 3. Sri Pankaj Patel, learned Standing Counsel has stated that the aforesaid selected person namely Sri Praveen Kumar Pandey has not been impleaded in the array of opposite parties. 4. Sri K.M. Shukla, has stated that since one Praveen Kumar Pandey has already been selected and the petitioner is not aggrieved from the selection of Sri Praveen Kumar Pandey as that selection is a part time selection for 11 months but calling only 7 persons against one vacancy in terms of Regulation 2009 is not permissible inasmuch as there is no such provision calling
only 7 persons against one post therefore the direction may be issued in case any further selection process initiated, no such rider be imposed. 5. Having heard learned counsel for the parties and having perused the material available on record, since the selection for the post of Assistant Teacher has already been finalized and one Praveen Kumar Pandey has already been selected and submitted his joining, therefore, I am not inclined to interfere in the impugned order dated 28.02.2025 but at the time of further selection, the competent authority shall specifically consider the submission of learned counsel for the petitioner to the effect that there is no provision under the Regulation 2009 to call 7 persons against one vacancy and if that submission of the petitioner finds suitable and in accordance with law, the further selection may take. However, I am not entered into the merit of the issue, therefore, that exercise shall be undertaken by the competent authority independently having perused the legal provisions applicable on the subject matter. 6. In this writ petition neither the impugned order dated 28.02.2025 may be quashed nor any direction may be issued. 7.
Accordingly, the writ petition is disposed of in view of the aforesaid.
Order Date :- 9.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench