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2025 DAILYLAW 59458 (ALL)

KAUSHAL KISHORE v. STATE OF U.P. AND 4 OTHERS

SPLA/463/2025 · 2025-05-19

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84135-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 463 of 2025 Appellant :- Kaushal Kishore Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Pramod Kumar Dubey,Ramesh Chandra Dwivedi Counsel for Respondent :- Ashish Kumar,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Learned Single Judge has dismissed the writ petition of the present appellant after noticing the fact that he was appointed in the institution while his own grandfather was the manager of the institution. Under the rules, close relatives are otherwise disqualified for appointment. Relying upon such admitted fact, the writ petition has been dismissed. Sri R.C. Dwivedi, learned counsel for the appellant, argues that no procedure was followed before discontinuing the appellant's engagement and that he otherwise had worked satisfactorily for 14 years and, therefore, is entitled to protection as equity stands in his favour. The appeal is opposed by learned counsel for the respondent. In the facts of the case, we are not persuaded by the submissions made on behalf of the appellant in as much as the factum of appellant being grandson of the manager is undisputed. Posts in such educational institutions are otherwise expected to be filled from open market by following a transparent procedure. The rules specifically exclude those family members from being considered for appointment. Rule 12 (2)(ii) of Uttar Pradesh Recognized Basic Schools (Junior High School) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984, specifically disqualifies a candidate from consideration for appointment if his grandfather is the manager. The case of the appellant clearly falls within the mischief indicated in the rules. For such persons, neither equity can be pressed into service nor any procedure would be required once the facts are admitted on record. This special appeal is, consequently, dismissed. Order Date :- 20.5.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad