Neutral Citation No. - 2025:AHC:129167 Court No. - 38 Case :- WRIT - A No. - 15738 of 2014 Petitioner :- Surendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bed Kant Mishra Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. The present writ petition is filed questioning order dated 13.12.2013 passed by the third-respondent with further direction to the respondents to appoint the petitioner on the post of Clerk in B.R.D. Inter College, Tehsil- Bilhour, District- Kanpur Nagar. 2. The petitioner is the dependent of the freedom fighter and he is fully eligible and qualified to be appointed as Clerk. He further contended that there are three vacancies in the B.R.D. Inter College. Accordingly, the petitioner had made an application in the said Institution which was rejected by the respondents vide order dated 13.12.2013 on the ground of general ban imposed by the Government, vide Government Order dated 15.03.2012. 3. At the time of hearing, learned counsel for the petitioner has placed reliance on the order passed by this Court in Committee of Management, Shiv Charan Das Kanhaiya Inter College and Another Vs. State of U.P. and Others, wherein this Court has set aside the Government Order dated 15.03.2012. 4. In view of the same, now the petitioner is entitled for appointment as Clerk in the B.R.D. Inter College, Tehsil- Bilhour, District- Kanpur Nagar, 5. After notice the respondents have filed counter affidavit, wherein they have specifically contended that as the Regulation- 101 to 107 there should be a procedure contemplated for appointment both for teaching and non-teaching staff. According to the said Regulation, firstly the notification has to be issued by the Institution and the Selection Committee has to be constituted but in the instant case, the petitioner has not placed any document to show that the Institution has made advertisement. Once, the Institution has not initiated procedure as contemplated under Regulation-101 to 107, the question of considering the case of the petitioner for appointment to the post of Clerk does not arise. 6. Considering the submissions and also perusal of the record, as specifically the contentions raised by the respondents in counter affidavit is that the Institution has not initiated any process for selection, therefore, there should not be any direction to the respondents to consider the case of the petitioner. 7. Accordingly, the present writ petition is dismissed. Order Date :- 1.8.2025 AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad