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Neutral Citation No. - 2025:AHC:74781-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 78 of 2025 Appellant :- Smt. Rizwana Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Mahmoodul Hasan Khan,Shashi Kant Shukla Counsel for Respondent :- Aditya Narayan Tiwari,C.S.C.,Gulrez Khan,Pranav Mishra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Heard learned counsel for the appellant and Sri Aditya Narayan Tiwari for the respondent no.3. Two orders were passed by the concerned Educational Authorities in the matter relating to grant of employment on the post of Assistant Teacher (Aalia). By the first order dated 15.6.2016, the claim of respondent was rejected, whereas while subsequent order dated 16.6.2016 the claim of appellant was allowed. The orders dated 15.6.2016 and 16.6.2016 were challenged by the respondent Taufique Alam by filing Writ Petition No.41222 of 2016. In this writ petition, both the orders i.e. orders dated 15.6.2016 and 16.6.2016 were set aside with a direction to the authority concerned to re-consider the matter. This judgment of learned Single Judge was challenged in appeal filed by present appellant, which has been partly allowed and the order of learned Single Judge, insofar as it set aside the order dated 16.6.2016 is concerned, has been set aside. The order of 16.6.2016, however, is made subservient to the determination made in respect of claim of respondent. It transpires that the educational authority has passed further orders on 14.6.2024, whereby the claim of respondent has been rejected. While passing such order, the Registrar had relied upon the order dated 15.6.2016 passed against the respondent, which had already been quashed by learned Single Judge vide judgment dated
7.3.2024. It is for this reason that learned Single Judge has quashed the order of Registrar/Inspector dated 14.6.2024. Having examined the respective contentions, we do not find any occasion to interfere in appeal, inasmuch as the Registrar/Inspector
has been directed to re-consider the matter keeping in view the fact that order dated 15.6.2016 had already been quashed. This order in no way prejudices the claim of appellant, which has to be dealt with in terms of the previous order passed by this Court in Special Appeal No.341 of 2024. The appellant is not aggrieved by the
order of learned Single Judge as it only requires the Inspector/Registrar to re-consider the claim of respondent and the continuance of appellant shall remain subject to such order. With this clarification, this special appeal is consigned to records.
Order Date :- 8.5.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad