ASHVANI KUMAR SINGH AND 9 OTHERS v. STATE OF U.P. AND 2 OTHERS
WRIA/6994/2025 · 2025-05-19
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60341 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60341 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:84227 Court No. - 6 Case :- WRIT - A No. - 6994 of 2025 Petitioner :- Ashvani Kumar Singh And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kr. Singh Paliwal,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Santosh Kumar Singh 'Paliwal' , learned counsel for the petitioners and Sri S.P.Singh, learned Additional Chief Standing Counsel.
2. Petitioners before this Court are claiming that they may be granted exemption from training and may be treated as trained teachers.
3. In the earlier round of litigation, this Court has directed to consider petitioners case in light of orders passed by this Court in respect of similarly situated teachers in terms of Government
Order dated 9.12.2003 after taking note that Government Orders dated 26.4.2010 and 3.6.2010 were cancelled by subsequent Government Order dated 4.5.2012, copy of which is not on record.
4. Learned Senior Counsel submitted that by way of impugned
order, claim of the petitioners were rejected mainly on a ground that State Government has preferred a Review Application in the judgments passed in the other writ petitions. However, by referring the order dated 7.1.2025 passed in Civil Misc. Review Application No.605 of 2023, Neutral Citation No.2025:AHC:3039, submitted that same has been dismissed much after the impugned order was passed.
5. Learned Senior Counsel further submitted that impugned order was not passed in terms of the direction passed by this Court in the earlier round of litigation.
6. Learned counsel for the respondents has opposed the aforesaid submission and submitted that reason has been assigned in the impugned order that review application so pending is now being removed since same has been dismissed which is not being
contradicted. However, he is unable to show the contents of subsequent Government Order dated 4.5.2012.
7. Heard learned counsel for the parties and perused the records.
8. The argument placed by learned Senior Counsel that substantial reason has not been assigned in the impugned order that review application pending is now being removed, since subsequent to impugned order, it is dismissed by order dated 7.1.2025 and, therefore, it is a case where the matter can be remanded back for fresh consideration. However, Court is of opinion that in the earlier round of litigation, effect of Government Order dated 4.5.2012. was not considered and since it is not on record, therefore, Court is not aware about the exact contents of it and only on a ground that this Court has passed an order that claim of petitioners be considered in light of Government Order dated 9.12.2003, the effect of Government Order dated 4.5.2012 shall not be taken note of does not appear to be a correct approach, therefore, impugned
order dated 2.8.2024 is set-aside. However, while remanding the case, concerned respondent will consider the representation of petitioners and effect of Government Order dated 4.5.2012 shall also be taken note of.
9. With aforesaid direction, this writ petition is disposed of.
Order Date :- 20.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad