Neutral Citation No. - 2024:AHC-LKO:59770
Court No. - 18
Case :- WRIT - A No. - 7187 of 2024
Petitioner :- Kamlesh Kumar
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Edu.
Deptt. Lko And 5 Others
Counsel for Petitioner :- Mahendra Pratap Singh,Ranjit Singh
Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
1. Learned counsel for petitioner is granted liberty to implead the U.P.
Secondary Education Services Section Board, Allenganj, Prayagraj
through its Secretary as opposite party No. 7 during course of day. Mr.
R.K. Singh Suryvanshi learned counsel has accepted notices on behalf of
newly impleaded opposite party.
2. Heard learned counsel for petitioner, learned State Counsel appearing
for opposite parties 1 to 5. In view of order being passed, notices to
opposite party no.6 stand dispensed with.
3. Petition has been filed challenging order dated 14.09.2023 whereby
petitioner's candidature for regularization in service on the post of
Assistant Teacher under Section 33-G of the Uttar Pradesh Secondary
Education [Services Selection Boards] Act, 1982 (hereinafter referred to as
the Act of 1982) has been rejected. A further prayer for permission to work
and discharge duties and for payment of regular salary has also been
sought.
4. Learned counsel for petitioner has placed reliance on judgment and
order dated 31.05.2024 passed in a bunch of petitions with leading petition
being WRIT - A No. - 8437 of 2023, Awadhesh Kumar Pandey v. State of
U.P. and others to submit that a similar issue has already been adjudicated
upon through aforesaid judgment whereunder the orders of rejection were
quashed and the dispute was relegated back to Regional Level Committee
to pass orders afresh after calling the records from the Committee of
Management as well as the District Inspectors of Schools concerned.
5. The operative portion of the judgment is as follows:-
"30. In view of the above said submissions and discussions, it is apparent
that the orders impugned in all the writ petitions have been passed in a
cyclostyle manner, without associating the petitioners in the proceeding
and without ensuring the records from the Committee of
Management/District Inspector of Schools concern and further without
following with any procedure, as it is provided under Section 33-C(2)(b)
of the Act, 1982. Thus, the impugned orders on its face, are unlawful and
against the settled proposition of law.
31. Consequently, the orders of rejection, assailed in the present bunch of
writ petitions are hereby quashed.
32. The writ petitions are allowed, accordingly.
33. All the matters are relegated back to the Regional Level Committees
concerned to pass order afresh within a period of three months, after
calling the records from the committee of management as well as the
District Inspectors of Schools concern and by verifying the same. It is
further directed that the petitioners shall also be provided the opportunity
of hearing, if so required. The scheme provided under Section 33-G of the
Act, 1982 shall strictly be adhered to, keeping in view of the requirement
of procedure to be adopted by the Committee so constituted.
34. In addition, it is further provided that the petitioners of the present
bunch of writ petitions are entitled to continue in service and shall be paid
salary without any further break, till the decision so taken by the
committee concerned. The petitioners as well as the Manager of the
Committee of Management shall ensure their presence and would co-
operate with the Regional Level Committee, as and when required."
6. Learned counsel appearing on behalf of State admits that the present
dispute is squarely covered by aforesaid judgment. However he also stands
by the objections raised by him as noted in aforesaid judgment and order.
7. Upon consideration of submissions advanced by learned counsel for the
parties and perusal of judgment and order dated 31.05.2024, it transpires
that this Court has recorded a finding that the claim of petitioners to be
appointed either under Uttar Pradesh Secondary Education Services
Commission (Removal of Difficulties) (Second) order, 1981 or the
unamended Section 18 of the Act of 1982 was required to be examined
thoroughly by the Regional Level Committee while ensuring production of
records from the Committee of Management as well as District Inspector
of Schools, which were not provided to the Regional Level Committee. It
is also observed that the petitioners were not afforded any opportunity of
hearing prior to passing of the order and the provisions of Section 33-C(2)
(b) of the Act of 1982 have also been not considered.
8. A perusal of impugned order makes it evident that the aforesaid
judgment is squarely applicable in the present facts and circumstances of
the case.
9. In view thereof, the impugned order dated 14.09.2023 is hereby quashed
by issuance of a writ in the nature of Certiorari directing opposite party
no.4 i.e. Chairman, Regional Level Committee, Prayagraj Mandal,
Prayagraj to adhere to directions issued by this Court vide judgment and
order dated 31.05.2024 in the case of petitioner as well.
10. With the aforesaid directions, the petition stands allowed at the
admission stage itself. Parties to bear their own cost.
Order Date :- 31.8.2024
prabhat
Digitally signed by :-
PRABHAT KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench