Allahabad High Court
Deepak Bhatia And Another vs State Of U.P. And 2 Others on 31 August, 2020
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 6547 of 2020 Petitioner :- Deepak Bhatia And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akshayavar Nath Pandey,Radha Kant Ojha (Senior Adv) Counsel for Respondent :- C.S.C.,Aakash Rai Hon'ble Vivek Agarwal,J.
Heard Sri Radha Kant Ojha, learned Sr. Advocate assisted by Sri A.N. Pandey for the petitioners and Sri Aakash Rai, learned counsel for the respondent nos.2 and 3.
Sri Jintendra Singh, learned counsel accepts notice on behalf of respondent no.1.
Petitioner's contention is that they respectively belong to Meerut Division and Faizabad Division. They were the candidates for selection in pursuance to the advertisement which was issued by the U.P. Secondary Education Service Selection Board, Allahabad bearing Advertisement No.01 of 2011. In selection, there were certain litigation which took place in Writ-A No.6550 of 2014. An order was passed on 28.11.2018 which was put to challenge in Special Appeal No.1289 of 2018. This special appeal was disposed of with a direction that the selection is allowed to proceed before the re-constituted Board for the candidates who have appeared after the Government Order dated 20.06.2014 where 21 days complete notice was given by registered post as mandated, and the result of such selection shall be declared, as the interviews prior to the said date where the notice period of 21 days was not complete have been cancelled, which order is final subject to the outcome of the pending litigation.
Petitioner's contention is that despite an admitted position that petitioners had appeared in the interview which was conducted between 21.01.2014 to 26.02.2014 in regard to which there is an admission that this interview was held after giving 21-days clear notice as is mandated, yet respondents have taken a U-Turn and now they are saying that except for three divisions namley; Jhansi, Bareilly and Devi Patan, in all other divisions namely; Gorakhpur, Meerut, Chitrakoot, Mathura, Basti and Faizabad 21-days clear notice was not given and, therefore, results cannot be prepared in terms of the orders of the High Court.
Petitioner's contention is that this position as is reflected from memo dated 06.03.2020 contained in Memo No.4639/Chayan/280-2019/2019-20 issued by the Deputy Secretary of Uttar Pradesh Madhyamik Shiksha Seva Chayan Board, Prayagraj being contrary to the orders of the High Court is subject matter of challenge. It is submitted that this order dated 06.03.2020 could not have been issued without seeking further modification in the orders passed in Special Appeal No.1289 of 2018 and that too without leave of the Court.
Prima facie order dated 06.03.2020 has two connotations namely: it is in violation of the orders dated 18.10.2019 passed in Special Appeal No.1289 of 2018 and secondly, as per the petitioners' contention accrued rights have been sought to be taken away in an arbitrary and illegal manner.
Let Secretary of U.P. Secondary Education Service Selection Board, Allahabad file his affidavit within seven days as to answer the above pleadings of the petitioners.
It is made clear that if affidavit is not filed on or before 7th September, 2020, then Secretary of U.P. Secondary Education Service Selection Board, Allahabad shall remain personally present on 9th September, 2020 when this case be listed.
Order Date :- 31.8.2020 Ashutosh