Upendra Kumar Gautam v. State of U.P. and 3 Others

Court No. - 35 Case :- WRIT - A No. - 17824 of 2023 Petitioner :- Upendra Kumar Gautam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J. Heard Sri Mahendra Singh, learned counsel for the writ petitioner and Sri Saurabh Dwevidi, learned Standing Counsel, who appears for Respondents 1, 2 and 3. In view of the order, which is being proposed to be passed today, notices are not being issued to the fourth respondent. The writ petitioner claims to have been appointed pursuant to the selection undertaken against the vacancies arisen on account of superannuation of one Shri Heera Prasad by the fourth respondent, Principal, Intermediate College Turpatti, Mahuawa, District Kushinagar, permission was sought on 01.06.2013 from the District Inspector of Schools, Kushinagar and the same was not accorded so the institution in question proceeded to advertise the post, the writ petitioner claims to have been appointed and he is working in the post in question. Prayer in the present petitioner is for a direction for according approval to the appointment. Learned Standing Counsel, on the other hand, submits that the issue with the writ petitioner seeks to raise needs determination at the first instance District Inspector of Schools, Kushinagar, according to him, let the writ petitioner represent his cause before the second respondent. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the second respondent, who shall on the receipt of the same, put to notice the fourth respondent, proceed to decide the claim of the petitioner, bearing in mind the sanction strength, number of vacancies, eligibility, suitability, selection criteria adopted as well as the issues with regard to the delay as raised by the learned Standing Counsel strictly in accordance with law within a period of three months from the date of presentation of the certified copy of the order. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. With the aforesaid observation, the writ petition is disposed off. Order Date :- 20.11.2023 A. Prajapati High Court of Judicature at Allahabad