High Court
Case Details
Case :- WRIT - A No. - 1372 of 2024 Petitioner :- Akhilesh Kumar And 19 Others Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi Counsel for Respondent :- Akhilesh Kumar Sharma,Bipin Bihari Pandey,C.S.C.,Rajesh Khare,Sanjay Kumar Singh,Shad Khan,Shashi Kant Srivastava,Shrinath Case :- WRIT - A No. - 1387 of 2024 Petitioner :- Pravesh Bharti Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Darwari Lal Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 14285 of 2024 Petitioner :- Smt Rukmani Devi Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1540 of 2024 Petitioner :- Bhoopendra Kumar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Himanshu Singh,R.P.Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1591 of 2024 Petitioner :- Satyam Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shantanu Khare Counsel for Respondent :- Bhanu Pratap Singh Kachhawah,C.S.C. Case :- WRIT - A No. - 1613 of 2024 Petitioner :- Sharma Maya Omkar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Anurag Tripathi,Santosh Kumar Tripathi Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1677 of 2024 Petitioner :- Sonika Rani Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1720 of 2024 Petitioner :- Surabhi Goswami Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Hanuman Prasad Mishra Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1741 of 2024 Petitioner :- Satendar Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1772 of 2024 Petitioner :- Smt Prem Sheela Yadav Respondent :- State Of Upand 4 Others Counsel for Petitioner :- R.B. Singh,Surendra Nath Yadav Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh Case :- WRIT - A No. - 1866 of 2024 Petitioner :- Waseem Saifi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1908 of 2024 Petitioner :- Archana Prajapati Respondent :- State Of Upand 7 Others Counsel for Petitioner :- Jay Prakash Narayan Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Case :- WRIT - A No. - 2078 of 2024 Petitioner :- Ravi Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajay Kumar,Chandrama Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2105 of 2024 Petitioner :- Satyaveer Singh And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Bratendra Singh Counsel for Respondent :- Archana Singh,C.S.C.,Manvendra Singh Case :- WRIT - A No. - 2107 of 2024 Petitioner :- Poonam Kumari Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Suyash Bhargava,Vinayak Varma Counsel for Respondent :- Archana Singh,C.S.C.,Vinayak Varma Case :- WRIT - A No. - 2117 of 2024 Petitioner :- Vikas Soni Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Indra Jeet Yadav Counsel for Respondent :- Archana Singh,C.S.C.,Shrinath Case :- WRIT - A No. - 2122 of 2024 Petitioner :- Satyendra Kumar And 4 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Suhail Ahmad Ansari Counsel for Respondent :- Archana Singh,Bhupesh Pratap Singh,C.S.C. Case :- WRIT - A No. - 948 of 2024 Petitioner :- Ramji Awasthi Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashish Pandey,Satya Prakash Pandey Counsel for Respondent :- Archana Singh,C.S.C.,Rishu Mishra Case :- WRIT - A No. - 2131 of 2024 Petitioner :- Archana Sahu Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- Archana Singh,C.S.C.,Shrinath Case :- WRIT - A No. - 2173 of 2024 Petitioner :- Abhinav Chahal Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Lal Dev,Shikhar Tandon Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2219 of 2024 Petitioner :- Rituraj Singh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- K.K.Rao,Sarvjeet Singh Chauhan Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2345 of 2024 Petitioner :- Km Supriya Respondent :- State Of Up And 13 Others Counsel for Petitioner :- Man Bahadur Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2378 of 2024 Petitioner :- Kanchan Rani And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi,Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 987 of 2024 Petitioner :- Shalini Verma Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- C.S.C.,Gaurav Bishan Case :- WRIT - A No. - 3287 of 2024 Petitioner :- Narendra Pal Singh Respondent :- Secretary Basic Education Board And 2 Others Counsel for Petitioner :- Devi Dayal,Mahendra Singh Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 3392 of 2024 Petitioner :- Ram Prakash Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajay Kumar Singh Yadav,Divyansh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 3776 of 2024 Petitioner :- Sangh Mitra Respondent :- State Of Up And 19 Others Counsel for Petitioner :- Akarsh Dwivedi,Varchasva Dwivedi Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 4072 of 2024 Petitioner :- Aisendra Pal Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 4112 of 2024 Petitioner :- Prateeksha Pal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 4135 of 2024 Petitioner :- Suman Sonkar Respondent :- State of U.P. and Another Counsel for Petitioner :- Manoj Kumar,Monu Singh Counsel for Respondent :- C.S.C.,Shrinath Case :- WRIT - A No. - 4500 of 2024 Petitioner :- Arvind Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Anuj Kumar Sharma,Rakesh Bhushan Dubey,Shailesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh,Vinay Kumar Singh Case :- WRIT - A No. - 4555 of 2024 Petitioner :- Shivpal Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shiv Gopal Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 6475 of 2024 Petitioner :- Shiv Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhanshu Kumar Singh Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Case :- WRIT - A No. - 707 of 2024 Petitioner :- Savita Verma Respondent :- State Of Up And 2 Others Case :- WRIT - A No. - 7199 of 2024 Petitioner :- Ankit Gupta And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 7334 of 2024 Petitioner :- Savita Devi Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Brijendra Kumar Raj Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 7414 of 2024 Petitioner :- Poonam Rani Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 7696 of 2024 Petitioner :- Km Seema Chauhan And 55 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 7717 of 2024 Petitioner :- Sanjay Kumar Singh And 27 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 3271 of 2024 Petitioner :- Udaipal Singh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Vineet Kumar Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2410 of 2024 Petitioner :- Km Lata Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Raj Kishore Yadav,Surendra Singh Counsel for Respondent :- C.S.C.,Shad Khan Case :- WRIT - A No. - 2479 of 2024 Petitioner :- Sukhweeri And Another Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2581 of 2024 Petitioner :- Ruchita Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Pankaj Kumar Ojha,Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2591 of 2024 Petitioner :- Geeta Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajay Mishra,Shri Krishna Mishra Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2649 of 2024 Petitioner :- Deep Mala Pandey And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Pankaj Kumar Ojha,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2738 of 2024 Petitioner :- Smt Babita Yadav Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Archana Singh,Rakesh Kumar Singh Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 2781 of 2024 Petitioner :- Renu Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shatrughan Sonwal,Shivendu Ojha,Sr. Advocate Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2832 of 2024 Petitioner :- Ajay Kumar Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2922 of 2024 Petitioner :- Hosila Kumar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Bhavesh Singh Jadaun,Mohd. Naushad Siddiqui Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 3039 of 2024 Petitioner :- Ashutosh Singh And Another Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Satyendra Chandra Tripathi Counsel for Respondent :- Archana Singh,C.S.C.,Satyendra Chandra Tripathi Case :- WRIT - A No. - 3240 of 2024 Petitioner :- Km Deepa Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Shri Satyendra Chandra Tripathi, Shri R.K.Ojha, learned Senior Advocate assisted by Shri Shivendu Ojha, Shri Seemant Singh, Shri Bhagwan Dutt Pandey, Shri Brijendra Kumar Rai, Shri Vineet Kumar Singh, Shri Ashok Khare, Senior Advocate assisted by Shri Kauntey Singh, learned counsel for the petitioners and Smt. Archana Singh, Shri Bipin Bihari Pandey, Shri Bhanu Pratap Singh Kachhawah, Shri Sanjay Kumar Singh, Shri Shivendra Singh Bhadauria, Shri Akhilesh Kumar Sharma, Shri Ashish Kumar Nagvanshi, Shri Tej Bhan Singh, Shri Ashok Kumar Singh, Shri Akhilesh Kumar Sharma, Shri Yatindra, Shri Kushmondeya Shah, Shri Gau Bishan, Shri Rishu Mishra and Shri Bhupesh Pratap Singh, learned counsel for the respondents.
2. Learned counsel for the parties are in agreement that these writ petition may be disposed of in terms of the order dated 01.04.2025 passed in Writ-A No.2062 of 2024 (Om Prakash Vs. State of U.P. and 3 others) is reproduced hereinafter: "1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Kauntey Singh, learned counsel for petitioner and Mrs. Archana Singh, Advocate for Respondents-4 and 5.
2. The issue with regard to appointment of Assistant Teachers in pursuance of Advertisement dated 15.12.2016 for filling 12460 posts is presently seized with Supreme Court.
3. Learned Senior Advocate appearing for petitioner refers interim order passed by Supreme Court in Special Leave to Appeal (Civil) No. 8536 of 2020 alongwith other matters. For reference order dated 08.01.2024 and order dated 15.05.2024 is reproduced hereinafter: Order dated 08.01.2024 Mr. Ankit Goel, learned counsel appearing for the State, prays for and is granted three weeks? time to seek instructions in the matter and file counter affidavit. Re-list after three weeks. In the meantime, the posts which are already vacant, shall not be filled up and status quo, as it exists today, shall be maintained by the parties.? Order dated 15.05.2024 After hearing learned counsel for the parties and on perusal of the statistics which are submitted before us, it reveals that the orders of appointment of 1796 persons and 4060 persons, who are in merit, have been issued on 30.12.2023 and 07.01.2024 respectively. Considering the post vacation academic session, which is to commence from 15th of June, 2024, we permit these 5856 persons to join, subject to final outcome of these appeals. The permission for joining is allowed looking to the public interest observing that their appointment and joining shall be subject to final outcome of the appeals. In view of the order passed above, the order dated 08.01.2024 stands modified. Re-list the matter on 28.08.2024. (Emphasis supplied)
4. Learned Senior Advocate submits that petitioner is not disputing that his name is not included in the list of 5856 candidates, however, his case is of arbitrariness since few candidates who are not included in said list, are given appointment, allegedly by issuing back dated appointment letters and he refers averments made in para 30 of writ petition, which is reproduced hereinafter:
30. That even in other districts of the State appointment orders have been issued subsequent to the order of the Supreme Court dated 15.05.2024. Attention is drawn in this regard to Writ-A No. 9442 of 2024 (Kumar Neha Gupta versus State of U.P. & others). True Copy of the order passed by the High Court in Writ-A No. 9442 of 2024 (Kumari Neha Gupta vs. State of U.P. and others) is annexed as Annexure-15 to this writ petition.
5. Learned Counsel appearing for Respondents-4 and 5, is carrying the list of 5856 candidates in a sealed cover, however, since petitioner?s name is admittedly not included therein, therefore, there is no reason to open it. The Court takes note of submission of learned Senior Advocate appearing for petitioner, however, Court is of the view that since matter is seized with Supreme Court, therefore, at this stage, to consider the grievance of petitioner, so far as arbitrariness is concerned, would not be appropriate.
6. The writ petition is accordingly disposed of reserving liberty to petitioner to take legally available recourse to approach Supreme Court, if so advised."
3. Learned counsel for the petitioners submitted that a further liberty may be granted that after the matter is disposed of by Supreme Court , they may have liberty to approach this Court also, if so advised.
4. The above submissions are taken note of and the writ petitions are disposed of in terms of above Om Prakash (supra) liberty also.
5. Accordingly, all these writ petitions are disposed of. Order Date :- 9.4.2025 RKM
Case :- WRIT - A No. - 1372 of 2024 Petitioner :- Akhilesh Kumar And 19 Others Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi Counsel for Respondent :- Akhilesh Kumar Sharma,Bipin Bihari Pandey,C.S.C.,Rajesh Khare,Sanjay Kumar Singh,Shad Khan,Shashi Kant Srivastava,Shrinath Case :- WRIT - A No. - 1387 of 2024 Petitioner :- Pravesh Bharti Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Darwari Lal Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 14285 of 2024 Petitioner :- Smt Rukmani Devi Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1540 of 2024 Petitioner :- Bhoopendra Kumar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Himanshu Singh,R.P.Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1591 of 2024 Petitioner :- Satyam Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shantanu Khare Counsel for Respondent :- Bhanu Pratap Singh Kachhawah,C.S.C. Case :- WRIT - A No. - 1613 of 2024 Petitioner :- Sharma Maya Omkar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Anurag Tripathi,Santosh Kumar Tripathi Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1677 of 2024 Petitioner :- Sonika Rani Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1720 of 2024 Petitioner :- Surabhi Goswami Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Hanuman Prasad Mishra Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1741 of 2024 Petitioner :- Satendar Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1772 of 2024 Petitioner :- Smt Prem Sheela Yadav Respondent :- State Of Upand 4 Others Counsel for Petitioner :- R.B. Singh,Surendra Nath Yadav Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh Case :- WRIT - A No. - 1866 of 2024 Petitioner :- Waseem Saifi Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 1908 of 2024 Petitioner :- Archana Prajapati Respondent :- State Of Upand 7 Others Counsel for Petitioner :- Jay Prakash Narayan Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Case :- WRIT - A No. - 2078 of 2024 Petitioner :- Ravi Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajay Kumar,Chandrama Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2105 of 2024 Petitioner :- Satyaveer Singh And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Bratendra Singh Counsel for Respondent :- Archana Singh,C.S.C.,Manvendra Singh Case :- WRIT - A No. - 2107 of 2024 Petitioner :- Poonam Kumari Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Suyash Bhargava,Vinayak Varma Counsel for Respondent :- Archana Singh,C.S.C.,Vinayak Varma Case :- WRIT - A No. - 2117 of 2024 Petitioner :- Vikas Soni Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Indra Jeet Yadav Counsel for Respondent :- Archana Singh,C.S.C.,Shrinath Case :- WRIT - A No. - 2122 of 2024 Petitioner :- Satyendra Kumar And 4 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Suhail Ahmad Ansari Counsel for Respondent :- Archana Singh,Bhupesh Pratap Singh,C.S.C. Case :- WRIT - A No. - 948 of 2024 Petitioner :- Ramji Awasthi Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashish Pandey,Satya Prakash Pandey Counsel for Respondent :- Archana Singh,C.S.C.,Rishu Mishra Case :- WRIT - A No. - 2131 of 2024 Petitioner :- Archana Sahu Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- Archana Singh,C.S.C.,Shrinath Case :- WRIT - A No. - 2173 of 2024 Petitioner :- Abhinav Chahal Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Lal Dev,Shikhar Tandon Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2219 of 2024 Petitioner :- Rituraj Singh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- K.K.Rao,Sarvjeet Singh Chauhan Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2345 of 2024 Petitioner :- Km Supriya Respondent :- State Of Up And 13 Others Counsel for Petitioner :- Man Bahadur Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2378 of 2024 Petitioner :- Kanchan Rani And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi,Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 987 of 2024 Petitioner :- Shalini Verma Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- C.S.C.,Gaurav Bishan Case :- WRIT - A No. - 3287 of 2024 Petitioner :- Narendra Pal Singh Respondent :- Secretary Basic Education Board And 2 Others Counsel for Petitioner :- Devi Dayal,Mahendra Singh Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 3392 of 2024 Petitioner :- Ram Prakash Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajay Kumar Singh Yadav,Divyansh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 3776 of 2024 Petitioner :- Sangh Mitra Respondent :- State Of Up And 19 Others Counsel for Petitioner :- Akarsh Dwivedi,Varchasva Dwivedi Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 4072 of 2024 Petitioner :- Aisendra Pal Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 4112 of 2024 Petitioner :- Prateeksha Pal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 4135 of 2024 Petitioner :- Suman Sonkar Respondent :- State of U.P. and Another Counsel for Petitioner :- Manoj Kumar,Monu Singh Counsel for Respondent :- C.S.C.,Shrinath Case :- WRIT - A No. - 4500 of 2024 Petitioner :- Arvind Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Anuj Kumar Sharma,Rakesh Bhushan Dubey,Shailesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh,Vinay Kumar Singh Case :- WRIT - A No. - 4555 of 2024 Petitioner :- Shivpal Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shiv Gopal Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 6475 of 2024 Petitioner :- Shiv Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhanshu Kumar Singh Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Case :- WRIT - A No. - 707 of 2024 Petitioner :- Savita Verma Respondent :- State Of Up And 2 Others Case :- WRIT - A No. - 7199 of 2024 Petitioner :- Ankit Gupta And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 7334 of 2024 Petitioner :- Savita Devi Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Brijendra Kumar Raj Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 7414 of 2024 Petitioner :- Poonam Rani Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 7696 of 2024 Petitioner :- Km Seema Chauhan And 55 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 7717 of 2024 Petitioner :- Sanjay Kumar Singh And 27 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 3271 of 2024 Petitioner :- Udaipal Singh Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Vineet Kumar Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2410 of 2024 Petitioner :- Km Lata Yadav Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Raj Kishore Yadav,Surendra Singh Counsel for Respondent :- C.S.C.,Shad Khan Case :- WRIT - A No. - 2479 of 2024 Petitioner :- Sukhweeri And Another Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Agnihotri Kumar Tripathi Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2581 of 2024 Petitioner :- Ruchita Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Pankaj Kumar Ojha,Seemant Singh Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2591 of 2024 Petitioner :- Geeta Yadav Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajay Mishra,Shri Krishna Mishra Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2649 of 2024 Petitioner :- Deep Mala Pandey And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Pankaj Kumar Ojha,Shiv Poojan Yadav Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2738 of 2024 Petitioner :- Smt Babita Yadav Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Archana Singh,Rakesh Kumar Singh Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 2781 of 2024 Petitioner :- Renu Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shatrughan Sonwal,Shivendu Ojha,Sr. Advocate Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2832 of 2024 Petitioner :- Ajay Kumar Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 2922 of 2024 Petitioner :- Hosila Kumar Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Bhavesh Singh Jadaun,Mohd. Naushad Siddiqui Counsel for Respondent :- Archana Singh,C.S.C. Case :- WRIT - A No. - 3039 of 2024 Petitioner :- Ashutosh Singh And Another Respondent :- State Of Up And 9 Others Counsel for Petitioner :- Satyendra Chandra Tripathi Counsel for Respondent :- Archana Singh,C.S.C.,Satyendra Chandra Tripathi Case :- WRIT - A No. - 3240 of 2024 Petitioner :- Km Deepa Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Shri Satyendra Chandra Tripathi, Shri R.K.Ojha, learned Senior Advocate assisted by Shri Shivendu Ojha, Shri Seemant Singh, Shri Bhagwan Dutt Pandey, Shri Brijendra Kumar Rai, Shri Vineet Kumar Singh, Shri Ashok Khare, Senior Advocate assisted by Shri Kauntey Singh, learned counsel for the petitioners and Smt. Archana Singh, Shri Bipin Bihari Pandey, Shri Bhanu Pratap Singh Kachhawah, Shri Sanjay Kumar Singh, Shri Shivendra Singh Bhadauria, Shri Akhilesh Kumar Sharma, Shri Ashish Kumar Nagvanshi, Shri Tej Bhan Singh, Shri Ashok Kumar Singh, Shri Akhilesh Kumar Sharma, Shri Yatindra, Shri Kushmondeya Shah, Shri Gau Bishan, Shri Rishu Mishra and Shri Bhupesh Pratap Singh, learned counsel for the respondents.
2. Learned counsel for the parties are in agreement that these writ petition may be disposed of in terms of the order dated 01.04.2025 passed in Writ-A No.2062 of 2024 (Om Prakash Vs. State of U.P. and 3 others) is reproduced hereinafter: "1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Kauntey Singh, learned counsel for petitioner and Mrs. Archana Singh, Advocate for Respondents-4 and 5.
2. The issue with regard to appointment of Assistant Teachers in pursuance of Advertisement dated 15.12.2016 for filling 12460 posts is presently seized with Supreme Court.
3. Learned Senior Advocate appearing for petitioner refers interim order passed by Supreme Court in Special Leave to Appeal (Civil) No. 8536 of 2020 alongwith other matters. For reference order dated 08.01.2024 and order dated 15.05.2024 is reproduced hereinafter: Order dated 08.01.2024 Mr. Ankit Goel, learned counsel appearing for the State, prays for and is granted three weeks? time to seek instructions in the matter and file counter affidavit. Re-list after three weeks. In the meantime, the posts which are already vacant, shall not be filled up and status quo, as it exists today, shall be maintained by the parties.? Order dated 15.05.2024 After hearing learned counsel for the parties and on perusal of the statistics which are submitted before us, it reveals that the orders of appointment of 1796 persons and 4060 persons, who are in merit, have been issued on 30.12.2023 and 07.01.2024 respectively. Considering the post vacation academic session, which is to commence from 15th of June, 2024, we permit these 5856 persons to join, subject to final outcome of these appeals. The permission for joining is allowed looking to the public interest observing that their appointment and joining shall be subject to final outcome of the appeals. In view of the order passed above, the order dated 08.01.2024 stands modified. Re-list the matter on 28.08.2024. (Emphasis supplied)
4. Learned Senior Advocate submits that petitioner is not disputing that his name is not included in the list of 5856 candidates, however, his case is of arbitrariness since few candidates who are not included in said list, are given appointment, allegedly by issuing back dated appointment letters and he refers averments made in para 30 of writ petition, which is reproduced hereinafter:
30. That even in other districts of the State appointment orders have been issued subsequent to the order of the Supreme Court dated 15.05.2024. Attention is drawn in this regard to Writ-A No. 9442 of 2024 (Kumar Neha Gupta versus State of U.P. & others). True Copy of the order passed by the High Court in Writ-A No. 9442 of 2024 (Kumari Neha Gupta vs. State of U.P. and others) is annexed as Annexure-15 to this writ petition.
5. Learned Counsel appearing for Respondents-4 and 5, is carrying the list of 5856 candidates in a sealed cover, however, since petitioner?s name is admittedly not included therein, therefore, there is no reason to open it. The Court takes note of submission of learned Senior Advocate appearing for petitioner, however, Court is of the view that since matter is seized with Supreme Court, therefore, at this stage, to consider the grievance of petitioner, so far as arbitrariness is concerned, would not be appropriate.
6. The writ petition is accordingly disposed of reserving liberty to petitioner to take legally available recourse to approach Supreme Court, if so advised."
3. Learned counsel for the petitioners submitted that a further liberty may be granted that after the matter is disposed of by Supreme Court , they may have liberty to approach this Court also, if so advised.
4. The above submissions are taken note of and the writ petitions are disposed of in terms of above Om Prakash (supra) liberty also.
5. Accordingly, all these writ petitions are disposed of. Order Date :- 9.4.2025 RKM