Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35403 Court No. - 10 Case :- WRIT - A No. - 3073 of 2025 Petitioner :- Subham Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tanuj Shahi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Tanuj Shahi, learned counsel for petitioner and Mrs. Shruti Malviya, learned Standing Counsel for State-Respondents.
2. Learned counsel for petitioner has extended apology that requisite documents are not annexed alongwith this writ petition and further submits that impugned order would be in the teeth of
order passed by this Court in Writ-A No. 11760 of 2011 (Committee of Management Lala Babu Baijal Memorial Inter College, Lodipur, Ghaziabad and another vs. State of U.P. and another), decided on 21.03.2012, since the import of above order has to be considered in the light of facts of present case so far as approval of appointment of petitioner on Class-IV post is concerned.
3. Learned Standing Counsel submits that judgment referred above may be distinguished on facts of present case, however, said fact has not been noted in impugned order, therefore, matter may be remitted back.
4. In aforesaid circumstances, taking note of above submissions and since purport of above referred judgment in the light of facts of present case has not been considered, therefore, impugned order in its present form cannot sustain.
5. In view of above, impugned order dated 15.02.2025 is hereby
set aside and matter is remitted back to concerned respondent to pass a fresh order taking note of above referred judgment and facts of present case. It is made clear that at this stage Court is not making any commend with regard to merit of case.
6. With aforesaid observation, this writ petition is disposed of.
Order Date :- 11.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad