HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 6134 of 2020 Court No. - 38 HON'BLE DONADI RAMESH, J. 1. Heard Sri Shantanu Khare, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Santosh Kumar Yadav, learned counsel for respondent no.4. 2. Present writ petition has been filed for following relief: "(a) a writ, order or direction in the nature of certiorari quashing the order dated 05.05.2020 issued by the Regional Higher Education Officer, Varanasi. (b) a writ, order or direction in the nature of mandamus commanding the respondent to permit the petitioner to function as Routine Grade Clerk at Janta Post Graduate College, Ranipur, District Mau and pay the petitioner his regular monthly salary, regularly, every month." 3. Learned counsel for the petitioner has submitted that the impugned order is contrary to the findings given by this Court in Writ A No. 26271 of 2018. Relevant paragraphs of the said order, are as under: "9. There is absolutely no justification for any such distinction to be drawn based upon the date specified i.e. 11.7.2013. Such a categorization/ classification can not be construed as a reasonable classification inasmuch as it would have no intelligible differentia or object which is sought to be achieved. The same Government Order dated 15.3.2012was pressed as being the ground for denial of permission for filling up vacancies in Intermediate institution also. The Government Order on 15.3.2012, was also followed by subsequent Government Order dated 23.5.2013. After taking note of both the Government Orders, this Court in Vipin Vs. State of U.P. and others, 2013 (7) ADJ 274, has been pleased to hold that ban would not be available for the purposes of denying institution to fill up the post itself. No specific provision has otherwise been shown to the Court under the applicable statutory scheme which could have been invoked for the purposes of issuance of Government Order dated 15.3.2012. The said Government Order, otherwise, is general in nature and its applicability upon the institutions of higher leaving stands lifted under the Government Order dated 11.7.2013. In that view of the matter, the order passed by the Director of Education dated 4.9.2018 cannot be sustained and is accordingly quashed. Versus Counsel for Petitioner(s) : Shantanu Khare, Sr. Advocate Counsel for Respondent(s) : C.S.C., Santosh Kumar Yadav Santosh Kumar Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 10. The petitioner committee of management shall submit details of posts of the institution alongwith certified copy of this order within a period of two weeks from today. The Director concerned shall pass a fresh order keeping in view the observations made above within a period of six weeks from the date of presentation of certified copy of this order." 4. Aggrieved by the said order, the State has preferred Special Appeal No. 198 of 2020 and bunch. The said special appeal was dismissed vide order dated 5.2.2021, confirming the above directions issued by learned Single Judge. 5. In view of the above, the impugned order dated 5.5.2020 issued by the Regional Higher Education Officer, Varanasi is set aside. This writ petition is disposed of holding that the petitioner is entitled for appointment on the said post. September 23, 2025 Noman WRIA No. 6134 of 2020 2 (Donadi Ramesh,J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad