ALLAHABAD HIGHCOURT : प्राथमिक स्कूलों में 16448 पदों पर सहायक अध्यापकों की भर्ती मामले का शीघ्र सुनवाई करने का आदेश, यहीं क्लिक कर कोर्ट का आदेश देखें ।

ALLAHABAD HIGHCOURT : प्राथमिक स्कूलों में 16448 पदों पर सहायक अध्यापकों की भर्ती मामले का शीघ्र सुनवाई करने का आदेश, यहीं क्लिक कर कोर्ट का आदेश देखें ।

HIGH COURT OF JUDICATURE AT ALLAHABAD

Chief Justice's Court
Case :- SPECIAL APPEAL No. - 567 of 2016

Appellant :- Rahul Srivastava And 7 Others
Respondent :- State Of U.P. And 5 Others
Counsel for Appellant :- Seemant Singh
Counsel for Respondent :- C.S.C.,B.P. Singh,Ram Bilas Yadav,Sunil Kumar Singh

Hon'ble Dilip B. Bhosale,Chief Justice
Hon'ble Yashwant Varma,J.
Heard Mr. Seemant Singh, learned counsel for the appellants and Mr. Ramanand Pandey, learned Standing Counsel for respondent Nos.1 and 3 and Mr. B.P. Singh, learned counsel for respondent No.2.
This special appeal is against an interlocutory order dated 8.8.2016 passed by learned Single Judge, whereby he, instead of granting interim order as prayed, issued the following directions in the concluding paragraph of the impugned order:
"In view of the large scale impact that may be caused upon adjudication of the aforesaid issues, in the meantime, it is hereby provided that though the appointment process, as initiated by circular/letter dated 25.06.2016, may continue but all the appointments made thereunder, shall be subject to the result of these writ petitions and further, all appointment letters that shall be issued in pursuance thereof, shall specifically disclose that the appointment is subject to the decision of these petitions."

In the writ petition, the appellants have challenged Clause 6 (Kha) of the Circular dated 25.6.2016 issued by the Secretary, Basic Shiksha Parishad, Uttar Pradesh and prayed for stay of the recruitment process which commenced with the notification dated 16.6.2016 for 16,448 posts of Assistant Teacher for Primary Schools run by the Basic Shiksha Parishad, Uttar Pradesh.
We are informed that the selection/recruitment process is going on and thousands of candidates have applied for this post. Keeping that in view, we are not inclined to entertain the special appeal and grant any interim order as prayed.
It appears that learned Single Judge had directed the respondents to file their counter affidavits and kept the writ petition today for hearing.
Counsel for the appellants submits that till today, the respondents have not filed their counter affidavits and, therefore, learned Single Judge may not hear the writ petition today.
Keeping that in view, we are satisfied that the following order shall meet the ends of justice:
"The respondents, in particular, the State as well as the Basic Shiksha Parishad, Uttar Pradesh, shall file their affidavits, within a period of one week from today failing which, they shall pay costs of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the appellants, within a week therefrom. We request learned Single Judge to hear the writ petition expeditiously. All contentions, on merits, are kept open." The Special Appeal stands disposed of accordingly.
Order Date :- 14.9.2016
RKK/-
(Dilip B Bhosale, CJ)

(Yashwant Varma, J)