Neutral Citation No. - 2025:AHC:62400 Court No. - 6 Case :- WRIT - A No. - 12209 of 2016 Petitioner :- Vinod Kumar Gaur Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arun Kumar Misra,Harish Chandra Yadav,Prabhakar Awasthi Counsel for Respondent :- Birendra Kaushik,C.S.C.,Yogendra Singh Bohra Hon'ble Saurabh Shyam Shamshery,J. 1. This Court has passed following order on 17.03.2016 :- “The grievance of the petitioner is that the Institution Prem Vidyalaya Higher Secondary School, Shivala, Aligarh was earlier a Junior High School. Now it has been upgraded up to the Intermediate level and an authorized controller is working in the present time. He has issued an advertisement calling applications for appointment on the post of Assistant Teacher. In the said advertisement the name of the Institution has been shown as Prem Vidyalaya Junior High School, Shivala (Aligarh). It is contended on behalf of the petitioner that once the Institution has been upgraded up to the level of Intermediate, the Institution will be governed under the provisions of the U.P. Intermediate Education Act, 1921 and not by the U.P. Basic Education Act, 1972 or the framed thereunder. Learned Counsel for the petitioner has placed reliance on a judgement in the case of Smt. Manju Awasthi and others v. State of U.P. and others, 2013(3) ADJ 64 (DB). Relevant paragraph of the said judgement reads as under: "80. The judgment of Hon'ble Single Judge which is impugned in the leading appeal being Special appeal No. 25 of 2006 relying on the Full Bench in State of U.P. Vs. District Judge (Supra) and Division Bench judgment in Shiksha Prasar Samiti Vs. State of U.P. and others, as well as after considering the relevant provisions of U.P. Intermediate Education Act, 1921, Sections 2(b) 2(d) and 7A as well as provisions of 1982 Act, held that after a Junior High School is upgraded as High School, the provisions of U.P. Intermediate Education 1921 and U.P. Act No. 5 of 1982 are applicable and selection made by the Basic Shiksha Adhikari of appellant Manju Awasthi was quashed. We are of the view that judgment of Hon'ble Single Judge cannot be faulted and we do not find any good ground in the appeal to interfere with the impugned judgment." The fact that the Institution is upgraded up to the Intermediate level is also evident from an order of this Court dated 07th July, 2014 passed in Writ-C No. 34121 of 2014, which is on the record as annexure-4 to the writ petition. Matter needs consideration. Learned Standing Counsel has accepted notice on behalf of respondent nos. 1 to 3, and Sri Y.S. Bohra, learned Advocate appears for the fourth respondent. Issue notice to the fifth respondent returnable within six weeks. Steps be taken within ten days. List this case on 18th May, 2016. The selection may go on but the appointment letter shall not be issued without the leave of the Court, till the next date of listing.” 2. S/Sri Prabhakar Awasthi, Mewa Lal Gupta and Birendra Kaushik, learned counsel for rival parties are in agreement that till date judgment passed by Division Bench of this Court in Smt. Manju Awasthi and others v. State of U.P. and others, 2013(3) ADJ 64 (DB) holds good as well as it is informed that it has been affirmed up to Supreme Court, therefore, impugned advertisement could not be issued by concerned B.S.A. 3. In pursuance of interim order, selection process was continued and selected candidate (Ram Kumar Bhardwaj) has filed an impleadment application, however, since as referred above, law is against him, therefore, impugned advertisement dated 07.03.2016 is set aside and this writ petition is allowed and its legal consequence shall follow. 4. However, a fresh advertisement may be issued in terms of provisions of U.P. Intermediate Education Act, 1921 and Rules made therein. Order Date :- 24.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad