STAYA PRAKASH AND 2 OTHERS v. STATE OF U.P. AND 5 OTHERS
WRIA/2702/2025 · 2025-03-03
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23774 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23774 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30056 Court No. - 10 Case :- WRIT - A No. - 2702 of 2025 Petitioner :- Staya Prakash And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Man Mohan Singh Counsel for Respondent :- C.S.C.,Pankaj Agarwal Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Man Mohan Singh, learned counsel for petitioners and Sri Shivam Agarwal, learned counsel for respondents.
2. At this stage, Court is not much entering into merit of case whether appointments of petitioners on Class-IV wayback in the year 1996 were legal or not since Court is convinced that by way of impugned order dated 10.01.2025 passed by the Director, Higher Education, U.P. has passed an order whereby petitioners' appointment have been considered to be illegal only on a basis of report of 3 Members' Committee.
3. However, it does not reflect whether petitioners were put on notice to submit their reply since admittedly they are working for about 3 decades and, therefore, Court is of considered opinion that principles of natural justice have been completely violated.
4. In aforesaid circumstances, impugned order dated 10.01.2025 passed by respondent-2 is set aside and its legal consequence shall follow.
5. This writ petition is disposed of with an observation that inquiry report will be provided to petitioners by way of a notice within a week and they will file its reply within three weeks thereafter and consequently, concerned State-respondents will be at liberty to pass a fresh order. Order Date :- 4.3.2025/Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad