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2025 DAILYLAW 13941 (ALL)

MOHAMMAD ASLAM AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIA/36026/2014 · 2025-04-22

Saurabh Shyam Shamshery

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Judgment text

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Neutral Citation No. - 2025:AHC:61466 Court No. - 6 Case :- WRIT - A No. - 36026 of 2014 Petitioner :- Mohammad Aslam And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Balkrishna Pandey,Bhanu Pratap Singh,Syed Taskheer Hasan Jilani Counsel for Respondent :- Ajay Kumar Sharma Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Mr. Rati Singh, Advocate holding brief of Mr. Bhanu Pratap Singh, learned counsel for petitioners and Mr. Rajeshwar Tripathi, learned Chief Standing Counsel for State. 2. Subsequently, the issue involved in this case was settled by a coordinate Bench in a bunch of cases leading case titled Sartaj Ahmad and others v. State of U.P. and others, Writ- A No.6004 of 2016, by judgment dated 30.01.2018 and the directions passed therein are reproduced hereinafter:- "10. Once an application for grant of recognition under section 14 of the Act could be moved uptill 31.3.1999, the training certificate issued prior to it cannot be discarded merely for the reason that institution which granted such certificate has not applied for recognition till the academic session 1997-98. The objection of respondents in that regard cannot be sustained. Petitioners' training certificate of Moallim-E-Urdu is thus a valid training certificate when admission had been secured for training programme prior to 11.8.1997. 11. For the reasons recorded above, this bunch of writ petitions is disposed of by providing as under:- (i) All the petitioners who had taken admission prior to 11.8.1997 in the Moallim-E-Urdu training course and have cleared it during academic session 1997-98 would be entitled to be considered for appointment to the post of Assistant Teacher in Urdu in the primary institutions run by the Department of Basic Education, Uttar Pradesh, for which process had been initiated vide Government Order dated 5.1.2016. (ii) Petitioners alongwith certified copy of this order would also submit proof of their admission in the course concerned prior to 11.8.1997 within a period of three weeks from today. It would be open for the concerned District Basic Education Officers to examine the question as to whether admission had in fact been obtained by the petitioners prior to 11.8.1997, as is asserted by them. It goes without saying that other educational certificates etc. would also be open to be examined in accordance with law. (iii) Petitioners who have already participated in the counselling pursuant to interim orders passed in this bunch of writ petitions and have been selected would be considered for appointment and appropriate orders in that regard would be issued within a period of three months from the date of presentation of certified copy of this order. (iv) In respect of those petitioners who have not participated in the counselling, it would be open for them to approach the District Basic Education Officer concerned and in case there are posts still lying vacant and the respondents are proposing to conduct further counselling, their claim shall also be considered in accordance with law." 3. In the aforesaid circumstances, the impugned order in present case does not survive. The Court also takes note of an interim order dated 16.07.2014, whereby status quo was granted. 4. Learned counsel for petitioner submits that in pursuance of the interim order, petitioner is working on promoted post for last many years, therefore, without considering exercise of verification and since no other disqualification is pointed out, the impugned order is set aside and its legal consequence shall follow. Order Date :- 23.4.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad