High Court

1. Heard Sri Siddharth Khare, learned Senior Counsel assisted by Sri Sudhir Srivastava, learned counsel for the petitioner and Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Uma Nath Pandey, learned counsel for the respondent no.9, Sri K.K. Chand, learned counsel for the respondent no.5 and learned Standing Counsel for the State-respondents.

2. Sri Khare, learned Senior Counsel submits that this is a third round of litigation. He further submits that the petitioner was appointed by order dated 16.08.2019 on the post of Lecturer-in-Biology on regular and permanent basis, who assumed the charge on 05.12.2019 as contemplated under the provision of U.P. Intermediate Education Act, 1921. Thereafter, the petitioner moved an application for his transfer through OnLine on 13.07.2021 and as a consequence thereof, the petitioner was transferred from District- Hathras to District- Ayodhya, which was assailed by way of filing a Civil Misc. Writ Petition No.14246 of 2023, which was disposed of vide order dated 13.10.2023 with a certain directions.

3. When the directions were not followed by the authority concerned, the petitioner was approached this Court again by way of filing Civil Misc. Writ Petition No.13736 of 2024, which was allowed in part on 05.09.2024 and the matter was remanded back for re-consideration in the light of specific directions so made by this Court in earlier order dated 13.12.2023 passed in Writ-A No. 14246 of 2023.

4. He further submits that on the matter being remanded back, an order was passed on 14.10.2024, but the contesting respondent moved an application for review and in the review application, on 17.10.2024, an order was passed in pursuance thereof an impugned order was passed on 03.12.2024. He further submits that the direction issued by this Court, which has not been complied with again by the impugned order, the authorities have no power to review to its own order, if the respondents were not aggrieved by the earlier order, but ought to have challenged the same.

5. Per contra, Sri OJha, learned Senior Counsel submits that it's not a review of the order, but the specific direction given in order dated 13.10.2023 was not complied with in its letters and spirits, and therefore, the order impugned has rightly been passed. He submits that while allowing the second writ petition, in para no.7 of the order dated 05.09.2024, the Court has specifically remanded the matter for re- consideration in the light of the direction given in the order dated 13.12.2023, which was not complied with by the respondents and therefore, the petitioner was compelled to move an application as without affording any personal hearing to the petitioner, the order impugned was passed.

6. After hearing the parties, the Court has perused the record.

7. It is not in dispute that a specific direction was issued by this Court in Writ-A No.14246 of 2023 while remanding the matter back for deciding afresh. The said directions read as under:- "15. Considering the submission of the rival parties as well as the stand taken by them, the Court is of the opinion that the order impugned in the writ petition has not been passed in the correct perspective coupled with the fact that the issues needs factual determination. Accordingly, the writ petition is being decided in the following manner: a). The writ petitioner shall approach the third respondent, Director of Education (Madhyamik), U.P. Camp Office 18 Park Road, Lucknow by 22.12.2023. b). On the receipt of the version/representation so submitted by the writ petitioner, the third respondent, Director of Education (Madhyamik), U.P. Camp Office 18 Park Road, Lucknow shall fix a date in the first week of January 2024 with due information to the writ petitioner as well as the committee of management of the institution in question. c). On the date so fixed, the parties shall submit their version, a date of hearing be fixed in the second week of January 2024, an orders be passed by 19.01.2024. d). The third respondent, Director of Education (Madhyamik), U.P. Camp Office 18 Park Road, Lucknow shall pass a reasoned and speaking order bearing in mind the following issues: i). The entitlement of the claim of the writ petitioner for being transferred to the ninth respondent institution viz-a-viz the requisition claimed to be sent by the ninth respondent off-line 14.07.2021 and on-line 12.12.2021 and online request of writ petitioner for transfer. ii). Import and the impact of the interim order passed in Writ A No. 9194 of 2021 Rakesh Kumar and others Vs. State of U.P. and others. iii). Issue with respect to the total number of sanctioned posts under direct recruitment quota and their bifurcation with respect to General, Scheduled Castes, OBC, ST and filling up of the vacancy. iv). Issue with respect to the applicability as per reservation policy as per law.

16. The order dated 10.08.2023 passed by the Additional Director of Education (Madhyamik), U.P., Prayagraj, fifth respondent shall not be given effect to till the passing of the fresh orders or 21.01.2024 whichever is earlier and the same shall be abide by the fresh orders to be passed pursuant to the Court orders."

8. Thereafter, again in Writ-A No. 13736 of 2024, the matter was again remanded vide order dated 05.09.2024. The relevant paragraph no.7 of the said order is read as under:- "7. The matter is remitted to respondent no. 3 to consider the claim of petitioner for transfer from Hathras to Ayodhya in light of the directions given in order of writ Court dated 13.12.2023 in Writ-A No. 14246 of 2023. The aforesaid exercise shall be carried out by the respondent no. 3 within a period of one month from the date of receipt of certified copy of this order."

9. Pursuant to the matter being remitted vide order dated 05.09.2024, an order was passed on 14.10.2024. The relevant part of the said order reads as under:- " एतदददरद मदन० उचच नयदयदलय इलदहदबदद मम ययजजत यदचचकद ससखयद 13736/2024 अवधधश जससह बनदम उतर पदधश रदजय एवस अनय मध पदररत आदधश चदनदसक 05-09-2024 कध अननपदलन मध मदन० उचच नयदयदलय इलदहदबदद मध ययजजत यदचचकद ससखयद 14246/2023 अवधधश जससह बनदम उतर पदधश रदजय एवस अनय मम पदररत आदधश चदनदसक 13-12-2023 कध समददर मध चनररत चनररयददधश चदनदसक 20-08-2024 कय ततकदल पभदव सध खसचडत करतध हहयध यदचच कध सथदनदसतरर कध ससबसध मध चनररत चनदधशदलय कध पत पतदसक ससखयद अ०चश०चन० (मद0)/63/2023-24 जजसकध ददरद यदचच कध ऑनलदइन सथदनदसतरर कय चनरसत चकयद रयद थद, कय चनरसत करतध हहयध यदचच शच अवधधश जससह पवकद कध ०एस० इसटर कदलधज, महरदरद हदथरस कद एकल सथदनदसतरर सससथद शयदम सननदर सरसवतच चवददलय इणटर कदलधज, अययधयद मध ररक पद कध पचत करतध हहयध यदचच अवधधश जसह, पवकद कध ०एस० इसटर कदलधज, महरदरद हदथरस कध पतयदवधदन कय उकदननसदर चनसतदररत करतध हहयध पकरर कद चनसतदरर चकयद जदतद हह।" चदनदसक 10-08-2023

10. To the aforesaid fact, Sri Ojha submits that no opportunity of hearing was granted to the respondent no.9, as directed by this Court in its earlier order, which is violation of the order of this Court and therefore, moved an application on which an order was passed on 17.10.2024 which reads as under:- तपतचय /17383-90/2024-25 " चनदधशदलय कध पत पतदसक पपषदसकन ससखयद सदमदनय (1) 2024 अवधधश जससह बनदम उतर पदधश रदजय एवस अनय मध पदररत आदधश चदनदसक 05-09-2024 मध मदन० उचच नयदयदलय इलदहदबदद मध ययजजत यदचचकद ससखयद 14246/2023 उतर पदधश रदजय एवस अनय मम पदररत आदधश चदनदसक 13-12-2023 चदनदसक 20-08-2024 कदलधज, पद कध पचत चकयद रयद थद, चदनदसक 14-10- जजसकध ददरद मदन० उचच नयदयदलय इलदहदबदद मम ययजजत यदचचकद ससखयद 13736/2024 कध अननपदलन अवधधश जससह बनदम कध समददर मध चनररत चनररयददधश कय ततकदल पभदव सध खसचडत करतध हहयध यदचच कद सथदनदसतरर कध ०एस० इसटर अययधयद मध ररक कय पननपररचकर चकए जदनध हधतन अचगम आदधशश तक सथचरत चकयद जदतद हह।" महरदरद हदथरस सध सससथद शयदम सननदर सरसवतच चवददलय इणटर कदलधज,

11. After passing of the aforesaid order dated 17.10.2024, order dated 03.12.2024 was passed and perusal of the same shows that the specific direction given by the Curt in Writ-A No. 14246 of 2023 in its order dated 13.12.2023, has not been complied with in its letters and spirits.

12. The impugned order dated 13.12.2024, 17.10.2024 & 14.10.2024 has been passed in violation of the direction given by this Court to which the counsel for the parties could not show any justifiable reasons for not compliance of the direction given by this Court.

13. In view of the above, matter requires re-consideration.

14. Accordingly, the impugned orders dated 14.10.2024 & 3.12.2024 cannot be sustained in the eyes of law and the same are hereby quashed.

15. The writ petition is allowed. The matter is remanded to the authority concerned for deciding afresh by passing a reasoned and speaking order, after hearing all the stakeholder, within a period of two months from the date of production of certified copy of this order in strict compliance of the direction given in order dated 05.09.2024 passed in Writ-A No.13736 of 2024. Order Date :- 24.2.2025 Pravesh Mishra

1. Heard Sri Siddharth Khare, learned Senior Counsel assisted by Sri Sudhir Srivastava, learned counsel for the petitioner and Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Uma Nath Pandey, learned counsel for the respondent no.9, Sri K.K. Chand, learned counsel for the respondent no.5 and learned Standing Counsel for the State-respondents.

2. Sri Khare, learned Senior Counsel submits that this is a third round of litigation. He further submits that the petitioner was appointed by order dated 16.08.2019 on the post of Lecturer-in-Biology on regular and permanent basis, who assumed the charge on 05.12.2019 as contemplated under the provision of U.P. Intermediate Education Act, 1921. Thereafter, the petitioner moved an application for his transfer through OnLine on 13.07.2021 and as a consequence thereof, the petitioner was transferred from District- Hathras to District- Ayodhya, which was assailed by way of filing a Civil Misc. Writ Petition No.14246 of 2023, which was disposed of vide order dated 13.10.2023 with a certain directions.

3. When the directions were not followed by the authority concerned, the petitioner was approached this Court again by way of filing Civil Misc. Writ Petition No.13736 of 2024, which was allowed in part on 05.09.2024 and the matter was remanded back for re-consideration in the light of specific directions so made by this Court in earlier order dated 13.12.2023 passed in Writ-A No. 14246 of 2023.

4. He further submits that on the matter being remanded back, an order was passed on 14.10.2024, but the contesting respondent moved an application for review and in the review application, on 17.10.2024, an order was passed in pursuance thereof an impugned order was passed on 03.12.2024. He further submits that the direction issued by this Court, which has not been complied with again by the impugned order, the authorities have no power to review to its own order, if the respondents were not aggrieved by the earlier order, but ought to have challenged the same.

5. Per contra, Sri OJha, learned Senior Counsel submits that it's not a review of the order, but the specific direction given in order dated 13.10.2023 was not complied with in its letters and spirits, and therefore, the order impugned has rightly been passed. He submits that while allowing the second writ petition, in para no.7 of the order dated 05.09.2024, the Court has specifically remanded the matter for re- consideration in the light of the direction given in the order dated 13.12.2023, which was not complied with by the respondents and therefore, the petitioner was compelled to move an application as without affording any personal hearing to the petitioner, the order impugned was passed.

6. After hearing the parties, the Court has perused the record.

7. It is not in dispute that a specific direction was issued by this Court in Writ-A No.14246 of 2023 while remanding the matter back for deciding afresh. The said directions read as under:- "15. Considering the submission of the rival parties as well as the stand taken by them, the Court is of the opinion that the order impugned in the writ petition has not been passed in the correct perspective coupled with the fact that the issues needs factual determination. Accordingly, the writ petition is being decided in the following manner: a). The writ petitioner shall approach the third respondent, Director of Education (Madhyamik), U.P. Camp Office 18 Park Road, Lucknow by 22.12.2023. b). On the receipt of the version/representation so submitted by the writ petitioner, the third respondent, Director of Education (Madhyamik), U.P. Camp Office 18 Park Road, Lucknow shall fix a date in the first week of January 2024 with due information to the writ petitioner as well as the committee of management of the institution in question. c). On the date so fixed, the parties shall submit their version, a date of hearing be fixed in the second week of January 2024, an orders be passed by 19.01.2024. d). The third respondent, Director of Education (Madhyamik), U.P. Camp Office 18 Park Road, Lucknow shall pass a reasoned and speaking order bearing in mind the following issues: i). The entitlement of the claim of the writ petitioner for being transferred to the ninth respondent institution viz-a-viz the requisition claimed to be sent by the ninth respondent off-line 14.07.2021 and on-line 12.12.2021 and online request of writ petitioner for transfer. ii). Import and the impact of the interim order passed in Writ A No. 9194 of 2021 Rakesh Kumar and others Vs. State of U.P. and others. iii). Issue with respect to the total number of sanctioned posts under direct recruitment quota and their bifurcation with respect to General, Scheduled Castes, OBC, ST and filling up of the vacancy. iv). Issue with respect to the applicability as per reservation policy as per law.

16. The order dated 10.08.2023 passed by the Additional Director of Education (Madhyamik), U.P., Prayagraj, fifth respondent shall not be given effect to till the passing of the fresh orders or 21.01.2024 whichever is earlier and the same shall be abide by the fresh orders to be passed pursuant to the Court orders."

8. Thereafter, again in Writ-A No. 13736 of 2024, the matter was again remanded vide order dated 05.09.2024. The relevant paragraph no.7 of the said order is read as under:- "7. The matter is remitted to respondent no. 3 to consider the claim of petitioner for transfer from Hathras to Ayodhya in light of the directions given in order of writ Court dated 13.12.2023 in Writ-A No. 14246 of 2023. The aforesaid exercise shall be carried out by the respondent no. 3 within a period of one month from the date of receipt of certified copy of this order."

9. Pursuant to the matter being remitted vide order dated 05.09.2024, an order was passed on 14.10.2024. The relevant part of the said order reads as under:- " एतदददरद मदन० उचच नयदयदलय इलदहदबदद मम ययजजत यदचचकद ससखयद 13736/2024 अवधधश जससह बनदम उतर पदधश रदजय एवस अनय मध पदररत आदधश चदनदसक 05-09-2024 कध अननपदलन मध मदन० उचच नयदयदलय इलदहदबदद मध ययजजत यदचचकद ससखयद 14246/2023 अवधधश जससह बनदम उतर पदधश रदजय एवस अनय मम पदररत आदधश चदनदसक 13-12-2023 कध समददर मध चनररत चनररयददधश चदनदसक 20-08-2024 कय ततकदल पभदव सध खसचडत करतध हहयध यदचच कध सथदनदसतरर कध ससबसध मध चनररत चनदधशदलय कध पत पतदसक ससखयद अ०चश०चन० (मद0)/63/2023-24 जजसकध ददरद यदचच कध ऑनलदइन सथदनदसतरर कय चनरसत चकयद रयद थद, कय चनरसत करतध हहयध यदचच शच अवधधश जससह पवकद कध ०एस० इसटर कदलधज, महरदरद हदथरस कद एकल सथदनदसतरर सससथद शयदम सननदर सरसवतच चवददलय इणटर कदलधज, अययधयद मध ररक पद कध पचत करतध हहयध यदचच अवधधश जसह, पवकद कध ०एस० इसटर कदलधज, महरदरद हदथरस कध पतयदवधदन कय उकदननसदर चनसतदररत करतध हहयध पकरर कद चनसतदरर चकयद जदतद हह।" चदनदसक 10-08-2023

10. To the aforesaid fact, Sri Ojha submits that no opportunity of hearing was granted to the respondent no.9, as directed by this Court in its earlier order, which is violation of the order of this Court and therefore, moved an application on which an order was passed on 17.10.2024 which reads as under:- तपतचय /17383-90/2024-25 " चनदधशदलय कध पत पतदसक पपषदसकन ससखयद सदमदनय (1) 2024 अवधधश जससह बनदम उतर पदधश रदजय एवस अनय मध पदररत आदधश चदनदसक 05-09-2024 मध मदन० उचच नयदयदलय इलदहदबदद मध ययजजत यदचचकद ससखयद 14246/2023 उतर पदधश रदजय एवस अनय मम पदररत आदधश चदनदसक 13-12-2023 चदनदसक 20-08-2024 कदलधज, पद कध पचत चकयद रयद थद, चदनदसक 14-10- जजसकध ददरद मदन० उचच नयदयदलय इलदहदबदद मम ययजजत यदचचकद ससखयद 13736/2024 कध अननपदलन अवधधश जससह बनदम कध समददर मध चनररत चनररयददधश कय ततकदल पभदव सध खसचडत करतध हहयध यदचच कद सथदनदसतरर कध ०एस० इसटर अययधयद मध ररक कय पननपररचकर चकए जदनध हधतन अचगम आदधशश तक सथचरत चकयद जदतद हह।" महरदरद हदथरस सध सससथद शयदम सननदर सरसवतच चवददलय इणटर कदलधज,

11. After passing of the aforesaid order dated 17.10.2024, order dated 03.12.2024 was passed and perusal of the same shows that the specific direction given by the Curt in Writ-A No. 14246 of 2023 in its order dated 13.12.2023, has not been complied with in its letters and spirits.

12. The impugned order dated 13.12.2024, 17.10.2024 & 14.10.2024 has been passed in violation of the direction given by this Court to which the counsel for the parties could not show any justifiable reasons for not compliance of the direction given by this Court.

13. In view of the above, matter requires re-consideration.

14. Accordingly, the impugned orders dated 14.10.2024 & 3.12.2024 cannot be sustained in the eyes of law and the same are hereby quashed.

15. The writ petition is allowed. The matter is remanded to the authority concerned for deciding afresh by passing a reasoned and speaking order, after hearing all the stakeholder, within a period of two months from the date of production of certified copy of this order in strict compliance of the direction given in order dated 05.09.2024 passed in Writ-A No.13736 of 2024. Order Date :- 24.2.2025 Pravesh Mishra