Allahabad High Court
Chhotey Lal Yadav vs State Of U.P. And 4 Others on 31 October, 2019
Author: Biswanath Somadder
Bench: Biswanath Somadder, Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 7 Case :- SPECIAL APPEAL No. - 1089 of 2019 Appellant :- Chhotey Lal Yadav Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Satish Chandra Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Biswanath Somadder,J.
Hon'ble Ajay Bhanot,J.
The instant Special Appeal is in respect of a judgment and order dated 30th September, 2019, passed by a learned Single Judge in Writ A No. 15041 of 2019 (Chhotey Lal Yadav v. State of U.P. & Ors.). By the impugned judgment and order, the learned Single Judge proceeded to dismiss the writ petition for reasons stated therein. This Special Appeal has been preferred by the writ petitioner. For convenience the impugned judgment and order is set-out hereinbelow in its entirety:
"This is a writ petition for seeking a direction to the Committee of Management to allow the petitioner to join on the post of Principal. The said institution is unaided college and in view of the decision of the Hon'ble Supreme Court in the case of Trigun Chand Thakur Vs. State of Bihar and others reported in (2019) 7 SCC 513, writ petition against the private Committee of Management is not maintainable. The writ petition is, accordingly dismissed. "
A bare perusal of the impugned judgment and order reveals that the issue before the learned Single Judge was whether a writ petition -2- against the private Committee of Management of unaided College was maintainable or not. The learned Single Judge taking in consideration the judgment of the Hon'ble Supreme Court rendered in case of Trigun Chand Thakur Vs. State of Bihar and others reported in (2019) 7 SCC 513, found that the issue was no more resintegra. As such, the learned Single Judge proceeded to dismiss the writ petition.
In such circumstances, we do not find any palpable infirmity or perversity in the impugned judgment and order, which would warrant interference in an Intra-Court Special Appeal. The Special Appeal is therefore, liable to be dismissed and is accordingly dismissed.
Order Date :- 31.10.2019 Deepak/ (Biswanath Somadder, J.) (Ajay Bhanot, J.)