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2025 DAILYLAW 9506 (ALL)

C/M A.H.P. INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIA/2076/2020 · 2025-08-03

Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130771 Court No. - 38 Case :- WRIT - A No. - 2076 of 2020 Petitioner :- C/M A.H.P. Inter College And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents. 2. In view of the substantive vacancy of three posts of non- teaching staffs; one head clerk and two clerks, the petitioners - Institution made request to the 2nd and 3rd respondent to grant prior permission to fill up the above said posts on 03.04.2018. Subsequently, the petitioners also sent a reminder letter on 03.07.2018 and 17.07.2018. The said request has been negated by the impugned order dated 30.11.2019 on the ground of the general ban imposed by the State Government in filling up of Class-III and IV posts, vide Government Order dated 15.03.2012. Aggrieved by the same, the present writ petition has been filed by the petitioners. 3. Learned counsel for the petitioners has relied on the judgment of this Court in the case of Vipin Vs. State of U.P. and others 2013 (7) ADJ 274 wherein the validity of the Government Order dated 15.03.2012 was considered and it was held that the Government Order dated 15.03.2012 cannot be adopted or applied by necessary implication in relation to the appointment of Class III and Class IV employees in the Institution governed by the U.P. Intermediate Education Act, 1921. 4. Learned counsel for the petitioners has further placed reliance on the judgment in Writ-A No.927 of 2020 C/M of Sri Kissan Vidyapeeth Inter College and another Vs. State of U.P. and others wherein the Government Order dated 30.10.2019 clarified that the said Government Order pertains to only 26 Institutions, the same cannot be applied to the rest of the Institution. Therefore, he requests that the impugned order is contrary to the said judgments, the same may be set aside. 5. Considering the submissions and on perusal of the said Government Orders, the impugned order dated 30.11.2019 passed by the 3rd respondent is set aside, remanding the matter to the authorities once again to look into the request made by the petitioners for filling up the vacant posts in the Institution and pass appropriate orders. The said exercise should be completed within two months from the date of receipt of the copy of this order. 6. Accordingly, the present writ petition is disposed of. Order Date :- 4.8.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad