TOWN POLYTECHNIC BALLIA DIST. BALLIA THRU. ITS CHAIRMAN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. FINANCE LKO AND ANOTHER
/8661/2024 · 2025-01-09
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DailyLaw.ai
[ 2025 DAILYLAW 163168 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163168 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1762 Court No. - 19 Case :- WRIT - C No. - 8661 of 2024 Petitioner :- Town Polytechnic Ballia Dist. Ballia Thru. Its Chairman And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Finance Lko And Another Counsel for Petitioner :- Annapurna Agnihotri Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners and learned State Counsel for opposite parties.
2. Petition has been filed seeking a direction for reading down paragraph 2 of the government order dated 6th January, 2011and to extend benefits of the judgment and order dated 6th September, 2012 passed in the case of Mahila Mahavidhyala,Kanpur through its Principal versus Principal Secretary, Finance, Lucknow and others, writ petition No. 6389 (M/S) of
2011. Further prayer for a direction to the opposite parties to nominate members for constitution of selection committee for selection of Class IV employees has also been sought.
3. Mr. S.K. Khare learned State Counsel has adverted to the judgments on which reliance has been placed by learned counsel for petitioner with submission that the same are inapplicable in the present case since the aforesaid paragraph of the government order dated 6th January, 2011 was read down in view of the fact that it was not in consonance with the first statutes of university concerned nor even with the State Universities Act
1973.
4. Admittedly petitioner is a polytechnic and therefore the aforesaid State Universities Act 1973 or even first statutes of Chhtrapati Shahu Ji Maharaj University (Kanpur University) are not applicable upon the petitioner.
5. In such circumstances, there does not appear to be any parity of the petitioner with the judgment cited. 6.In view of aforesaid, learned counsel for petitioner seeks liberty to withdraw this petition in order to file afresh.
7. As such, the petition is dismissed as withdrawn with aforesaid liberty to file afresh. Order Date :- 9.1.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench