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Neutral Citation No. - 2025:AHC:73945-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 384 of 2025 Appellant :- Sharat Chand Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Alka Upadhyay,Manish Tiwari,Prabhakar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J.
1. Learned Single Judge has dismissed the writ petition filed by the writ petitioner/appellant, whereby, the order of the authority dated 16.12.2010 denying the financial approval to the appellant's appointment was assailed. Learned Single Judge has returned a finding that there was nothing on record to show that appellant possesses typing skill which was mandatory for appointment to the post itself. The appellant's plea that the order of authority was ex- parte and proper opportunity to explain the circumstances was denied has also not been accepted. 2. Learned counsel for the appellant argues that the provision of possessing typing skill has been introduced in the Regulations only in the year 2017 and was not an essential condition for appointment when the approval was considered in the year 2010. It is further argued that the order otherwise was ex-parte and proper opportunity ought to have been given to the appellant. 3. Learned State counsel contends that the Regulations have been amended in 2017 and that prior to it also requirement of typing skill existed under a Government Order. 4. No provision of law/Government Order is shown whereby requirement of typing was added for appointment to class III posts prior to 2017. Such amendment has been introduced only on
04.01.2017. Even otherwise, we find that the approval order was passed without affording any opportunity of hearing to the appellant. In the event such opportunity was given appellant could have clarified the facts. On this short ground alone, we are, therefore, inclined to interfere in the present appeal. 5. Consequently, the judgment and order of learned Single Judge
dated 04.04.2025 is set aside. The order dated 16.12.2010, passed by Joint Director of Education, Azamgarh Region, Azamgarh, is also set aside. The matter stands remitted to the Regional Level Committee which will examine all aspects of the matter and take a fresh decision within a period of three months from the date of receipt of a certified copy of this order. 6. The special appeal is disposed of accordingly.
Order Date :- 7.5.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad