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2025 DAILYLAW 50881 (ALL)

KUNWAR BAHADUR v. STATE OF U.P. AND 2 OTHERS

WRIA/56844/2017 · 2025-05-13

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79278 Court No. - 6 Case :- WRIT - A No. - 56844 of 2017 Petitioner :- Kunwar Bahadur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Umendra Kumar Yadav Counsel for Respondent :- C.S.C.,Santosh Kumar Hon'ble Saurabh Shyam Shamshery,J. 1. None appears on behalf of petitioner, Sri M.L. Gupta, learned Standing Counsel for State. 2. This writ petition is pending for last 8 years. The petitioner has approached this Court with a prayer to include his name to allow him to join the post of Shiksha Mitra. 3. Learned Standing Counsel for State submits that according to averments made in this writ petition, petitioner has joined on 16.02.2006 on post of Shiksha Mitra. Later on, he was directed to join as Assistant Teacher and subsequently he suffered with an FIR with a serious allegation of kidnapping and rape of a minor girl. The petitioner was released on bail by an order dated 29.07.2015. Thereafter by an order dated 03.03.2016, petitioner was granted acquittal in criminal trial as prosecution was failed to prove the charge beyond reasonable doubts. 4. In the aforesaid circumstances, petitioner moved an application before the concerned respondent to allow him to join on post of Assistant Teacher, however, since matter was pending before the Supreme Court, therefore, no permission was granted. Subsequently, he approached the concerned respondent to allow to join on post of Shiksha Mitra. The said representation remained pending and, therefore, petitioner has approached this Court. 5. The petitioner was aged about 34 years when this writ petition was filed in the year 2007, therefore, presently, he must be around the year of 42 years. 6. I have considered the above submission and perused the record. The petitioner was an accused in a criminal trial, though he was granted acquittal. In view of judgment passed by Supreme Court, petitioner cannot be given appointment on post of Assistant Teacher as well as his claim for appointment on the post of Shiksha Mitra cannot be considered after such a long time specifically when the scheme has already been abandoned, otherwise nature of acquittal does not amount to honourable acquittal, therefore, he is not entitled for appointment on post of Assistant Teacher. 7. Accordingly, writ petition is dismissed. Order Date :- 14.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad