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2026 DAILYLAW 3291 (ALL)

COMMITTEE OF MANAGEMENT RASHTRIYA KANYA INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIA/4427/2026 · 2026-05-04

Saurabh Shyam Shamshery

Original Suitbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 4427 of 2026 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Prabhakar Awasthi, learned Senior Advocate assisted by Sri Saurabh Tripathi, learned counsel for petitioners and Sri D.K. Singh, learned Additional CSC for State. 2. Court finds that impugned order in present writ petition is not passed in terms of following order dated 19.01.2026 passed in Writ A No. 447/2026 :- "1. Heard Sri Prabhakar Awasthi, learned Senior Advocate assisted by Sri Saurabh Tripathi, learned counsel for petitioners and Sri Manvendra Dixit, learned Standing Counsel for State. 2. I find merit in argument of learned Senior Advocate that case requires reconsideration in the light of judgments of coordinate Benches of this Court in Dr. Deepak Bhatiya and others vs. State of U.P. and others, 2010:AHC:84637 and Samiuddin Khan vs. State of U.P. and others, 2012:AHC:72599, therefore, impugned order is set aside and matter is remitted back to concerned respondent to pass a fresh order strictly after considering above referred judgment and after verifying whether teachers under self-financed Versus Counsel for Petitioner(s) : Alok Shukla, Saurabh Tripathi, Sr. Advocate Counsel for Respondent(s) : C.S.C. Committee Of Management Rashtriya Kanya Inter College And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) scheme were appointed in accordance with Rules applicable to such posts or not. 3. Meanwhile, the duly selected teacher shall discharge duties as Ad-hoc Principal. 4. The respondents will take a decision on above issue within a short period. 5. Writ petition stands disposed of with above observations." 3. As rightly pointed out by learned Senior Advocate for petitioners that despite above referred order is not challenged at behest of State- respondent, still, D.I.O.S., Sambhal has referred that order dated 19.01.2026 was passed after misleading the Court though no specific reason or observation is made out in impugned order. 4. In view of above, impugned order is set aside and matter is remitted back to concerned respondent to pass a fresh order strictly in terms of order of this Court dated 19.01.2026 and a cost of Rs. 1,00,000/- is imposed on concerned D.I.O.S. since petitioners are constrained to approach this Court again due to misreading of the order passed by this Court. 5. The imposed cost will be borne by concerned respondent from his own salary account and will deposit the same in the account of District Legal Services Authority, Sambhal within a week. 6. Writ petition stands disposed of with above observations/directions. May 5, 2026 N. Sinha WRIA No. 4427 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad