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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- SERVICE SINGLE No. - 5571 of 2014
Petitioner :- Sadhana Mishra & 2 Ors. [Now Misb-Vires]
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Basic Edu. Lko.
Counsel for Petitioner :- Vidhu Bhushan Kalia
Counsel for Respondent :- C.S.C.,Anurag Srivastava,M.M.Asthana
Hon'ble V.K. Shukla,J.
Hon'ble Brijesh Kumar Srivastava-II,J.
On the matter being taken up today, an application has been moved by Sri Shiv Kumar Pathak and others as well as Sri Rakesh Kumar and others with a request that they have also interest in the matter as they are selected candidates and accordingly their view point should also be taken note of� at the point of when adjudication of the issues raised are to be done.
As issues that are being raised in the writ petition will have impact on the right of the incumbents� who are seeking relief, in view of this impleadment application is allowed and this Court proceeds to mention that all these incumbents who have been impleaded today would be treated to be before this Court in representative� capacity with the right of audience before this Court.
Learned Standing Counsel has accepted notice on behalf of the respondent nos. 1,2, and 3 and Sri M.M. Asthana, Advocate has accepted notice on behalf of the respondent no.5.
Learned Counsel for the petitioner is permitted to serve copy of the writ petition on counsel who represent� respondent no. 4 Board of Basic Education, U.P. Allahabad through its Secretary.
Each one of the respondent is granted six weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List after eight weeks.
In the present case this much is reflected that selection proceedings that are on going� they are pursuant to the� liberty accorded by the Apex Court� in Special Leave to Appeal No. 2939 of 2013 and order passed by Apex Court clearly proceeds to mention that whatever� action would be taken during this interregnum period in the matter of selection and appointment, same shall abide by final result of appeal that are pending in the� Apex Court. This much is also reflected that� as far as petitioners are concern, they have approached the Apex Court� and thereafter, liberty has been sought by them for filing present writ petition before this Court on 05.09.2014 and� accordingly petition has been filed, and as it has been enterained.� This much is also clarified that selection and appointment made, shall abide by final judgment of present writ petition also.
Order Date :- 29.10.2014
TS
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- SERVICE SINGLE No. - 5571 of 2014
Petitioner :- Sadhana Mishra & 2 Ors. [Now Misb-Vires]
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Basic Edu. Lko.
Counsel for Petitioner :- Vidhu Bhushan Kalia
Counsel for Respondent :- C.S.C.,Anurag Srivastava,M.M.Asthana
Hon'ble V.K. Shukla,J.
Hon'ble Brijesh Kumar Srivastava-II,J.
On the matter being taken up today, an application has been moved by Sri Shiv Kumar Pathak and others as well as Sri Rakesh Kumar and others with a request that they have also interest in the matter as they are selected candidates and accordingly their view point should also be taken note of� at the point of when adjudication of the issues raised are to be done.
As issues that are being raised in the writ petition will have impact on the right of the incumbents� who are seeking relief, in view of this impleadment application is allowed and this Court proceeds to mention that all these incumbents who have been impleaded today would be treated to be before this Court in representative� capacity with the right of audience before this Court.
Learned Standing Counsel has accepted notice on behalf of the respondent nos. 1,2, and 3 and Sri M.M. Asthana, Advocate has accepted notice on behalf of the respondent no.5.
Learned Counsel for the petitioner is permitted to serve copy of the writ petition on counsel who represent� respondent no. 4 Board of Basic Education, U.P. Allahabad through its Secretary.
Each one of the respondent is granted six weeks time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List after eight weeks.
In the present case this much is reflected that selection proceedings that are on going� they are pursuant to the� liberty accorded by the Apex Court� in Special Leave to Appeal No. 2939 of 2013 and order passed by Apex Court clearly proceeds to mention that whatever� action would be taken during this interregnum period in the matter of selection and appointment, same shall abide by final result of appeal that are pending in the� Apex Court. This much is also reflected that� as far as petitioners are concern, they have approached the Apex Court� and thereafter, liberty has been sought by them for filing present writ petition before this Court on 05.09.2014 and� accordingly petition has been filed, and as it has been enterained.� This much is also clarified that selection and appointment made, shall abide by final judgment of present writ petition also.
Order Date :- 29.10.2014
TS
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