UPTET - SPECIAL APPEAL DEFECTIVE No. - 825 of 2012 at Allahabad High Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 825 of 2012
Petitioner :- Sujeet Singh And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Navin Kumar Sharma,Shailendra
Respondent Counsel :- C.S.C.,R.A. Akhtar,Shyam Krishna,Shyam Krishna Gupta
Hon'ble R.K. Agrawal,J.
Hon'ble Ram Surat Ram (Maurya),J.
Civil Misc. Leave to Appeal Application
This application has been filed seeking leave to appeal against the order dated 11.9.2012 passed by the learned Single Judge on the ground that this order will adversely affect the writ petition preferred by the applicants being W.P. No. 41286 of 2012 which was also connected with Writ - A No. 29 of 2012 The application is allowed and leave is granted.
Order Date :- 25.9.2012
Jaideep/-
Court No. - 9
Case :- SPECIAL APPEAL DEFECTIVE No. - 825 of 2012
Petitioner :- Sujeet Singh And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Navin Kumar Sharma,Shailendra
Respondent Counsel :- C.S.C.,R.A. Akhtar,Shyam Krishna,Shyam Krishna Gupta
Hon'ble R.K. Agrawal,J.
Hon'ble Ram Surat Ram (Maurya),J.
Supplementary affidavit filed today is taken on record.
The present Special Appeal has been filed against the order dated 11.9.2012 passed by the learned Single Judge whereby the learned Single Judge has directed the State Government to publish an advertisement for appointment of qualified teachers in Parishidiya Vidyalayas without any further delay and the Additional Advocate General on behalf of the State had assured the court that such advertisement shall be published within 15 days and the process of appointment shall be initiated without unnecessary delay in accordance with the rules applicable.
Sri Shailendra, learned counsel submitted that if the advertisement is published according to the new Rules, the earlier writ petition preferred by the appellants herein would b e rendered infructuous, which will not be in the interest of justice.
We therefore direct that as the matter is coming up on 27.9.2012, the appellants herein may apply for their impleadment in the writ petition and an opportunity of hearing to the applicants may also be given by the learned Single Judge before passing any order. We may mention here that the process of appointment even if the advertisement is issued will take sometime and we hope and trust that the learned Single Judge shall decide the matter before any appointment is made.
With the aforesaid observations, the appeal is dismissed.
Order Date :- 25.9.2012
Jaideep/-
Case :- SPECIAL APPEAL DEFECTIVE No. - 825 of 2012
Petitioner :- Sujeet Singh And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Navin Kumar Sharma,Shailendra
Respondent Counsel :- C.S.C.,R.A. Akhtar,Shyam Krishna,Shyam Krishna Gupta
Hon'ble R.K. Agrawal,J.
Hon'ble Ram Surat Ram (Maurya),J.
Supplementary affidavit filed today is taken on record.
The present Special Appeal has been filed against the order dated 11.9.2012 passed by the learned Single Judge whereby the learned Single Judge has directed the State Government to publish an advertisement for appointment of qualified teachers in Parishidiya Vidyalayas without any further delay and the Additional Advocate General on behalf of the State had assured the court that such advertisement shall be published within 15 days and the process of appointment shall be initiated without unnecessary delay in accordance with the rules applicable.
Sri Shailendra, learned counsel submitted that if the advertisement is published according to the new Rules, the earlier writ petition preferred by the appellants herein would b e rendered infructuous, which will not be in the interest of justice.
We therefore direct that as the matter is coming up on 27.9.2012, the appellants herein may apply for their impleadment in the writ petition and an opportunity of hearing to the applicants may also be given by the learned Single Judge before passing any order. We may mention here that the process of appointment even if the advertisement is issued will take sometime and we hope and trust that the learned Single Judge shall decide the matter before any appointment is made.
With the aforesaid observations, the appeal is dismissed.
Order Date :- 25.9.2012
Jaideep/-
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