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2025 DAILYLAW 44334 (ALL)

PRAVESH KUMAR MISHRA AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIA/27205/2015 · 2025-07-10

Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111321 Court No. - 38 Case :- WRIT - A No. - 27205 of 2015 Petitioner :- Pravesh Kumar Mishra And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Alok Mishra,Ashok Khare,Harish Chandra Counsel for Respondent :- C.S.C.,Santosh Kumar Yadav Hon'ble Donadi Ramesh,J. 1. Heard Sri Harish Chandra, learned counsel for the petitioners, Sri Alok Mishra, learned counsel for the respondent nos.4 and 5 and learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed for the following reliefs: "(a) a writ, order or direction in the nature of certiorari quashing the order dated 12.09.2014 passed by the Regional Higher Education Officer, Allahabad/Joint Director Higher Education, Allahabad (Annexure 11 to the writ petition). (b) a writ, order or direction of a suitable nature commanding the respondents to forthwith accord approval to the selection of the petitioners for appointment as Class IV employee in Muneshwar Dutt Post Graduate College, Pratapgarh within a period to be specified by this Hon'ble court. (c) a writ, order or direction of a suitable nature commanding the respondents to permit the petitioner to function as class IV employee in Muneshwar Dutt Post Graduate College, Pratapgarh and to pay the petitioner their regular monthly salary as class IV employee, regularly, every month" 3. Learned counsel for the petitioners has submitted that the 3rd respondent rejected approval to the selection only based on the Government Order dated 06.01.2011. The said Government Order has been set aside by the coordinate Bench of this Court in the case of Committee of Management, Lala Babu Baijal Memorial Inter College, Lodhipur, Ghaziabad Vs. State of U.P. and others [2012 (4) ADJ 586] wherein Para 2 of the Government Order dated 06.01.2011 has been struck down in its application to Secondary Educational Institutions recognized by the Board and governed by provisions of Act, 1921 and the Regulations framed thereunder. 4. Learned counsel for the petitioners has also submitted that one of the persons along with the petitioners approached this Court by way of filing Service Single No.7281 of 2014 Durgesh Kumar Shukla Vs. State of U.P. and others. The said writ petition was allowed. Accordingly, the petitioner therein was granted approval to the selection on the post of Class-IV. 5. Though the respondents have filed counter affidavit but facts are admitted that they have relied only on the Government Order dated 06.01.2011. 6. Considering the submissions and the observations made by the coordinate Bench of this Court in Service Single No.7281 of 2014, the impugned order dated 12.09.2014 passed by the Regional Higher Education Officer, Allahabad/Joint Director Higher Education, Allahabad, is set aside remanding the matter to the 2nd respondent to consider once again and pass appropriate orders by taking observations in Service Single No.7281 of 2014, within a period of two months from the date of receipt of the copy of this order. 7. Accordingly, the writ petition is disposed of. Order Date :- 11.7.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad