Vidya Mandir Degree College and Another v. State of U.P. and 2 Others

Court No. - 35 Case :- WRIT - A No. - 19274 of 2023 Petitioner :- Vidya Mandir Degree College And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gautam Baghel Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J.

¶1Heard Sri Utkarsh Singh (AOR A/U 1510/22) holding brief of Sri Gautam Baghel, learned counsel for the writ petitioner as well as Sri Santosh Kumar Mishra, learned Standing Counsel who appears for respondents No. 1 to 3.

¶2The case of the writ petitioner is that it is an institution affiliated with Chhatrapati Sahu Ji Maharaj University, Kanpur. One post of Assistant Clerk got vacant on account of retirement of Mukesh Mohan Bhardwaj. Earlier there was a ban imposed pursuant to the Government Order dated 06.01.2011 and by virtue of a subsequent Government Order dated 24.02.2015 the ban with respect to class III was lifted.

¶3Prayer in the present petition is for direction to the respondents to granted approval to fill vacant posts.

¶4Sri Santosh Kumar Mishra, learned Standing Counsel submits that the issue seeks to raise needs determination at the first instance by the second respondent, Director of Higher Education, Prayagraj. He submits that he does not propose to file any response to the writ petition and the writ petitioner may represent his cause before the second respondent.

¶5Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed of without seeking any response from the respondents while granting liberty to the writ petitioner to prefer a comprehensive representation before the second respondent, Director of Higher Education, Prayagraj who shall along with the self attested copy of the writ petition and on the receipt of the same the second respondent shall accord consideration to the same strictly in accordance with law without being influenced or obsessed by any of the observations made hereinabove within a period of three months from the date of production of certified copy of the order.

¶6With the aforesaid observations, the writ petition stands disposed of. Order Date :- 22.11.2023 Rajesh High Court of Judicature at Allahabad