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2025 DAILYLAW 199069 (ALL)

FORBES OLD BOYS ASSOCIATION THRU MUKHYA SACHIV and ANR. v. STATE OF U.P.THR ITS SECY.SECONDARY EDU.UP CIVIL SECTT.andORS.

WPIL/10510/2013 · 2025-10-17

Rajan Roy, Rajeev Bharti

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 10510 of 2013 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. Shri Shobhit Mohan Shukla and Shri Aviral Singh, learned counsel for opposite party nos. 5 and 6 are present. 2. The Forbes Old Boys Association, petitioner no. 1 along with petitioner no. 2 has filed this PIL seeking the following reliefs:- “(a) issue a writ order or direction in the nature of MANDAMUS commanding the Opp. Party No.1 and 2 to initiate an enquiry about the making appointments to the post of Teaching and non-Teaching Staff in Forbes Intermediate College Faizabad by O.P. No. 5& 6 in excess to the sanctioned strength of the college and punish the erring officials in accordance with law. (b) issue a writ order or direction in the nature of MANDAMUS commanding the Opp. Party No.4 to stop the salary of the Teaching and non-Teaching Staff of the College who has been appointed in excess to the sanctioned strength and recover the salary paid to the excess staff of the college from personal property of the O.P. No 5/6. (c) Issue a writ order or direction in the nature of MADAMUS commanding the Versus Counsel for Petitioner(s) : Ajay Pratap Singh, Mohd. Ateeq Khan, Rakesh Pathak, Vijay Pathak Counsel for Respondent(s) : C.S.C., Mohammad Aslam Khan, R.K.Srivastava, Shobhit Mohan Shukla Forbes Old Boys Association Thru Mukhya Sachiv And Anr. .....Petitioner(s) State Of U.P.Thr Its Secy.Secondary Edu.Up Civil Sectt.Andors. .....Respondent(s) O.P.No.1 & 2 to make an enquiry in relation to the appointment of O.P.No.7 in the college who has been appointed against the rules and on the basis of fake paper. (d) Issue a writ order or direction in the nature of MADAMUS commanding the O.P.No.3 to take decision on the report dt. 16-08- 2013 submitted by Dy. Inspector of Schools (Urdu) Faizabad Region Faizabad as contained in Annexure no.7to the petition. (e) Issue a writ order or direction in the nature of MADAMUS commanding the O.P.No.1 & 2 to make an enquiry against the appointment of O.P.No.8 to the post of Principal of the College who is an ineligible person and further be pleased to direct the O.P.No.4 not to release the salary of O.P.No.8 for the post of Principal of the College and may further be pleased to quash the appointment of O.P.No.8 to the post of Principal of college after summoning the original from records. (f) Issue a writ order or direction in the nature of MADAMUS commanding the O.P.No.1 & 2 to make the enquiry about the utilization of the Fund of the college by O.P.No.5/6 during the period which he holds the post of Manager of the College. 3. This petition was filed in 2013. 4. There is a counter affidavit on record. Annexure-CA-1 is the inquiry report, according to which there are 48 sanctioned posts of teaching and non-teaching staff in the institution, against which only 41 are being paid money from the State Exchequer. 5. We see no reason to proceed with this petition as a Public Interest Litigation. If there is any cause and the petitioners have locus standi, they can initiate such proceedings as may be permissible in law or approach the concerned authority. WPIL No. 10510 of 2013 2 6. Having gone through the counter affidavit, we see no reason to proceed any further. This, of course, does not mean that if the petitioners have any right to take recourse to any other proceeding, they would be affected by our observations. 7. The petition is, accordingly, disposed of. October 17, 2025 Shravan WPIL No. 10510 of 2013 3 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench