RAJNISH KUMAR SINGH AND 3 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIA/2022/2023 · 2025-05-13
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9333 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9333 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79229 Court No. - 7 Case :- WRIT - A No. - 2022 of 2023 Petitioner :- Rajnish Kumar Singh And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandan Sharma,Ravi Kumar Bhatia Counsel for Respondent :- Sachin Dubey Hon'ble Vikram D. Chauhan,J.
1. Learned counsel for the petitioners submits that petitioners are working as adhoc employee in the Institution - Kamta Prasad Sundar Lal Saket Post Graduate College Ayodhya being respondent nos. 3 and 4. Learned counsel for the petitioners further submits that Management had applied before the Regional Higher Education Officer for grant of permission to fill up the vacant posts of Class-III by direct recruitment. Learned counsel for the petitioners further submits that letter of Management requesting Regional Higher Education Officer is annexed at page no. 69 of the paper book. Learned counsel for the petitioners further submits that the aforesaid letter is only in respect of permission for direct recruitment and is not in respect of regularization or absorption of the petitioners on the post in question. Learned counsel for the petitioners further submits that by means of the impugned order, the request of the Management has been rejected on the ground that there is no provision for regularization or absorption of the adhoc employees i.e. petitioners. Learned counsel for the petitioners further submits that the Management had never sought any absorption or regularization of the petitioners, however, claim is for permitting direct recruitment in accordance with law so that petitioners can also participate in the recruitment process. 2. Ms. Sudha Singh, learned counsel holding brief of Sri Sachin Dubey, learned counsel for respondent nos. 4 and 5 submits that Management had only applied for granting permission for direct recruitment and had never applied for any absorption or regularization of the petitioners. She submits that direct recruitment is permissible under law. 3. Learned Standing Counsel for the respondent-State submits that in view of the stand taken by the Management that application pertains to direct recruitment as per the provision of law and not for absorption or regularization of the petitioners, the matter may
be remanded back to the respondent authorities for decision afresh. 4. In view of the aforesaid, the impugned order dated 15.12.2022 passed by the Regional Higher Education Officer, Sector-M, Ashiyana, Lucknow - respondent no.
3 is hereby set aside and the matter is remanded back to respondent no. 2 for taking decision for granting permission for direct recruitment as per the provision of law on the application of the Committee of Management - respondent no. 4. The aforesaid exercise shall be completed within a period of two months from the date of production of certified copy of this order. 5. With the aforesaid observation/direction, the writ petition stands
disposed of.
Order Date :- 14.5.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad