एक परिसर में संचालित प्राथमिक व उच्च प्राथमिक विद्यालयों के संविलयन मामले में लखनऊ बैंच में दायर याचिका खारिज, सरकार द्वारा किसी शिक्षक का हित प्रभावित न होने सम्बन्धी दी गयी दलील, आदेश देखें
एक परिसर में संचालित प्राथमिक व उच्च प्राथमिक विद्यालयों के संविलयन मामले में लखनऊ बैंच में दायर याचिका खारिज, सरकार द्वारा किसी शिक्षक का हित प्रभावित न होने सम्बन्धी दी गयी दलील, आदेश देखें
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Pawan Kumar Pandey, learned counsel for the petitioner.
Notice for opposite parties no. 1 and 2 has been accepted by the office of learned Chief
Standing Counsel, Sri Ajay Kumar has accepted notice for opposite parties no. 3 to 9.
The petitioners have assailed the Government Order dated 22.11.2018 passed by the
Department of Basic Education addressing the Director of Education, Basic, the Secretary,
Board of Basic Education providing guidelines in respect of the institutions governed under
Board of Basic Education and are run in a same campus. As per the aforesaid Government
Order the State Government has provided the modalities so that the basic education
institutions and higher secondary education institutions which are running in the same campus
could run properly. The petitioner has also assailed the D.O. Letter dated 28.11.2018 issued by
the Director, Education, Basic addressed to all concerned authorities relating to basic
education to implement the modalities being fixed vide Government Order dated 22.11.2018.
Sri Ran Vijay Singh, learned Additional Chief Standing Counsel submitted with vehemence
on account of aforesaid Government Order dated 22.11.2018 and D.O. Letter dated
28.11.2018, Annexure nos. 1 and 2 to the writ petition the petitioners' interest would not be
prejudiced, inasmuch as, neither their salary nor their status on the basis of Government Order
is being changed. The petitioners shall discharge the respective duties as they have been
discharging before coming into force the aforesaid Government Order.
Learned counsel for the petitioner also could not demonstrate anything to show that on
account of the aforesaid orders the interest of the petitioners is being affected.
Since no prejudice is being caused to the petitioners by the aforesaid orders, therefore, this
writ petition may not be entertained.
Accordingly, the writ petition is dismissed being misconceived.
However, the liberty is given to the petitioner that if they are aggrieved out of any clause of
the orders dated 22.11.2018 and 28.11.2018 and they could be able to substantiate their claim,
they may approach the competent authority by submitting representation to that effect and if
such representation is preferred by the petitioners, the same may be decided by the competent
authority within reasonable time.
Order Date :- 17.1.2019
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Pawan Kumar Pandey, learned counsel for the petitioner.
Notice for opposite parties no. 1 and 2 has been accepted by the office of learned Chief
Standing Counsel, Sri Ajay Kumar has accepted notice for opposite parties no. 3 to 9.
The petitioners have assailed the Government Order dated 22.11.2018 passed by the
Department of Basic Education addressing the Director of Education, Basic, the Secretary,
Board of Basic Education providing guidelines in respect of the institutions governed under
Board of Basic Education and are run in a same campus. As per the aforesaid Government
Order the State Government has provided the modalities so that the basic education
institutions and higher secondary education institutions which are running in the same campus
could run properly. The petitioner has also assailed the D.O. Letter dated 28.11.2018 issued by
the Director, Education, Basic addressed to all concerned authorities relating to basic
education to implement the modalities being fixed vide Government Order dated 22.11.2018.
Sri Ran Vijay Singh, learned Additional Chief Standing Counsel submitted with vehemence
on account of aforesaid Government Order dated 22.11.2018 and D.O. Letter dated
28.11.2018, Annexure nos. 1 and 2 to the writ petition the petitioners' interest would not be
prejudiced, inasmuch as, neither their salary nor their status on the basis of Government Order
is being changed. The petitioners shall discharge the respective duties as they have been
discharging before coming into force the aforesaid Government Order.
Learned counsel for the petitioner also could not demonstrate anything to show that on
account of the aforesaid orders the interest of the petitioners is being affected.
Since no prejudice is being caused to the petitioners by the aforesaid orders, therefore, this
writ petition may not be entertained.
Accordingly, the writ petition is dismissed being misconceived.
However, the liberty is given to the petitioner that if they are aggrieved out of any clause of
the orders dated 22.11.2018 and 28.11.2018 and they could be able to substantiate their claim,
they may approach the competent authority by submitting representation to that effect and if
such representation is preferred by the petitioners, the same may be decided by the competent
authority within reasonable time.
Order Date :- 17.1.2019
एक परिसर में संचालित प्राथमिक व उच्च प्राथमिक विद्यालयों के संविलयन मामले में लखनऊ बैंच में दायर याचिका खारिज, सरकार द्वारा किसी शिक्षक का हित प्रभावित न होने सम्बन्धी दी गयी दलील, आदेश देखें
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Reviewed by sankalp gupta
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11:54 AM
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