Allahabad Court August 1998 Judgments
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Km. Manisha Dubey Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-17-1998
Reported in: 1998(3)AWC2141
D.S. Sinha, J. 1. Heard Sri S. P. Singh, learned counsel appearing for the petitioner and Sri S. G. Husnain, learned Additional Chief Standing Counsel representing the respondent Nos. 1, 2, 3 and 5, at length and in detail.2. By means of this petition under Article 226 of the Constitution of India, the petitioner prays that her services on the post of lecturer in Music [Vocal] at Kamla Arya Kanya Degree College, Mirzapur, be regularised. Further prayer of the petitioner is that the respondents may be commanded to pay to her salary along with arrears and other dues.3. Petitioner claims that she was appointed as lecturer by the order of the Managing Committee dated 23rd June, 1982, a copy whereof is Annexure-2to the writ petition.4. A counter-affidavit on behalf of respondent Nos. 1, 2, 3 and 5 has been filed. A copy of this counter-affidavit was served on the learned counsel representing the petitioner on 15th December, 1993. More than four and half years have elapsed. But, the petition...
Dr. Shitla Prasad Nagendra Vs. Gorakhpur University, Gorakhpur and Oth ...
Court: Allahabad
Decided on: Aug-17-1998
Reported in: 1998(3)AWC2367
D.S. Sinha, J. 1. Heard Dr. R.G. Padia, learned Senior Advocate appearing for the petitioner. Sri Dilip Gupta, learned counsel representing the respondents No. 1, 2 and 3 and Sri S.G. Hasnain, learned Additional Chief Standing Counsel appearing for the respondents No. 4 and 5.2. The grievance of the petitioner is that he has not been paid his pension for the period between 1st July, 1990 and 30th September, 1997. He also complains that the other retiral benefits, such as provident fund, have not been paid.3. The reason for withholding the pension and the other retiral benefits , given by the respondents is that penal house rent in respect of the house occupied by the petitioner during the tenure of service and thereafter is due from the petitioner.4. The petitioner, a Professor of Gorakhpur University, retired from service on 30th June, 1990. But, continued to occupy the official residence till 25th March, 1996. It is not disputed that he could retain the house for a period of four mon...
Abhishek Srivastava Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-17-1998
Reported in: 1998(4)AWC400; (1999)2UPLBEC922
O.P. Garg, J. 1. The petitioner, Abhishek Srlvastava, who had obtained degree of Master of Commerce had a keen desire to become a teacher, as his father, who was also a teacher, died in harness. He appeared in the Entrance Test conducted by Bundelkhand University in the year 1997 for admission to B.Ed, course and topped the list of the successful candidates having secured 84.47% of marks. The petitioner was not allowed to take up admission at Pt. J. N. College, Banda--respondent No. 3 as his name did not appear in the list transmitted by the University for admission to the B.Ed, course in the aforesaid college, obviously for the reason that the percentage of marks of the petitioner in B.A, was less than the prescribed minimum of 45 per cent as notified by the State Government amending the Uttar Pradesh State Universities (Regulation of Admission to Course of Instruction for Degree in Education in Affiliated, Associated and Constituent Colleges) Order, 1987. By the said amendment, it ha...
Committee of Management, Ganesh Smarak Adarsh Inter College and anr. V ...
Court: Allahabad
Decided on: Aug-17-1998
Reported in: AIR1999All128
ORDERC.P. Garg, J.1. By means of this writ petition, under Article 226 of the Constitution of India, it is prayed that the impugned orders dated 16-7-1998 and 18-7-1998 (Annexures 5 and 6 respectively) passed by the District Inspector of Schools (for short 'DIOS') Bulandshahr-respondent No. 1 be quashed and the respondents be commanded not to interfere with the working of the petitioners' Committee of Management, which has been validly elected on 29th May, 1998 and of which Someshwar Prasad is the Manager.2. Counter and rejoinder affidavit, as well as supplementary affidavits have been exchanged. Heard Sri A.K. Yog, learned senior counsel assisted by Ms. Anu Jaiswal, learned counsel for the petitioners, Sri Ratnesh Kumar Pandey, learned counsel for the contesting respondent No. 3 as well as learned Standing Counsel for respondent Nos. 1 and 2.3. The dispute relates to the validity or otherwise of the election to constitute a Committee of Management which runs Ganesh Smarak Adarsh Inter...
Ravindra Kumar, Advocate and Anohter Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-13-1998
Reported in: 1999(1)AWC693
S.H.A. Raza, J.1. Mr. H. S. Jain, the learned counsel for the petitioner, espousing the cause of millions of students, studying in Primary as well as Secondary Schools, all over the State, submitted that right of students to receive education who will determine the future of this country, cannot be spoiled by those teachers who went on strike which was declared illegal by the State of U. P.2. Right of education in J.P. Uni Krishnan v. State of Andhra Pradesh, (1993) 1 SCC 642, has been held a fundamental right by Hon'ble Supreme Court of India as that right is embedded under Article 21 of the Constitution of India. The petitionerwho is a practising lawyer of this Court, by way of public interest litigation, has raised several grievances against the teachers who went on strike recently and prayed for grant of several reliefs which are mentioned hereinunder :(1) issue a writ, order, direction or declaration to the effect that strike in schools and colleges being run under the Basic Shisk...
Satya Prakash Tyagi Vs. Prescribed Authority/Civil Judge (Senior Divis ...
Court: Allahabad
Decided on: Aug-13-1998
Reported in: 1998(3)AWC2144
J. C. Gupta, J. 1. Heard petitioner's counsel.2. This is tenant petition against the order of the Prescribed Authority rejecting petitioner's application for deciding the question whether there exists any relationship of landlord and tenant between the petitioner and respondent No. 2, as a preliminary issue before proceeding further in the matter. The application has been rejected by the learned Prescribed Authority on the ground that there is a prima facie material to Indicate such a relationship and further on the ground that no trust deed has been produced from the side of the tenant. The Prescribed Authority was also of the opinion that the petitioner's application was moved only with a view to delay the proceedings.3. Learned counsel for the petitioner argued before this Court that an application under Section 21 is maintainable only at the instance of the landlord and no other person and where the tenant raises a question before the Prescribed Authority that the person who has mo...
Bhim Singh and Others Vs. District Basic Shiksha Adhikari, Ballia and ...
Court: Allahabad
Decided on: Aug-13-1998
Reported in: 1998(3)AWC2365
M. Katju, J.1. Heard counsel for the petitioners and Sri N.D. Rai for respondents No. 1 and 2. The petitioners claimed to have been appointed as teachers in a Junior High School after the posts were advertised in the newspaper 'Bagi Ballia', vide copy of the cutting of the said newspaper, Annexure-2 to the writ petition. I have held in S.K. Dikshit v. District Inspector of Schools, Agra and others, 1995 (26) ALR 601, that no appointment of, teacher shall be treated to be valid unless the post was advertised in two well-known newspapers having wide circulation. I am of the opinion that the newspaper 'Bagi Ballia' is not a widely circulated well known newspaper. There are several well-known newspapers in U. P. having wide circulation, e.g., Dainik Jagaran, Aaj, Amar Ujala, Swatantra Bharat, etc. In Hindi and the Pioneer, Times of India, Hindustan Times, etc. in English, but it is surprising that most of such advertisements are not published in such well-known newspapers, but are publishe...
Smt. Urmila Tripathi and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-13-1998
Reported in: 1998(4)AWC35b; (1999)1UPLBEC202
R.H. Zaidi, J.1. By means of this petition under Article 226 of the Constitution of India petitioners pray for issuance of a writ, order or direction in the nature of cerfiorart quashing U. P. Bal Vilkas Evam Pushtahar (Adhinasth) Sewa [Second Amendment), Rules 1998 (for short the Rules), in so far as they fix upper age limit as forty five years for appointment on the post of 'Mukhya Sewika'. Prayer for direction to the respondents to consider the candidature of the petitioners for appointment on the post of 'Mukhya Sewika.' has also been made.2. In brief, the relevant facts of the case, as set out in the writ petition, are that petitioner Nos. 1 and 2 were appointed as anganbaris on 18.6.82 and 22.5.85 respectively under the Rules. They have since been working on the said post on payment of a fixed honourarium per month. They have completed more than ten years of service. It is stated that on 2.8.97 an advertisement was made inviting applications for appointment on the post of 'Mukhya...
Virendra Prasad Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-13-1998
Reported in: 1998(4)AWC453
D. K. Seth, J.1. By an order dated 10.2.1988 issued by the District Cane Commissioner, Aligarh, services of the petitioner were dispensed with on the ground that his services were not required any more. This order has since been challenged in this writ petition.2. In paragraph Nos. 7, 8, 9 and 12 of the counter-affidavit, it has been pointed out that the services of the petitioner were terminated on account of the fact that all those appointments which were made during the period from January, 1981 till June. 1983, were irregular appointment and, therefore, the same were directed to be terminated by the Additional Cane Commissioner through his letter dated 4.2.1988. The said exercise was undertaken as a result of the assurance given in the Assembly by the then Minister on the basis of question Nos. 99 and 100 raised therein. It is alleged that the petitioner was appointed by the District Cane Officer, Aligarh, whose services were also terminated by the appointing authority.3. I have he...
Committee of Management, Sri Gandhi Adarsh Inter College and anr. Vs. ...
Court: Allahabad
Decided on: Aug-13-1998
Reported in: AIR1999All49
ORDERO.P. Garg, J.1. Counter and rejoinder affidavits have been exchanged; therefore, with the consent of learned Counsel for the parties, this petition is being finally disposed of at the admission stage in accordance with Rules of Court.2. Heard Sri Ashok Khare, learned Counsel for the petitioners and Sri R. N. Singh, learned Counsel for the contesting respondent No. 4, as well as the learned Standing Counsel on behalf of the respondents Nos. 1 to 3.3. The dispute relates to the validity or otherwise of the elected Committee of Management of Sri Gandhi Adarsh Inter College, Lavedi, Etawah, which is a duly recognised and aided institution. To run the affairs of the institution, there is a Scheme of Administration under which the institution is administered and managed by an elected body compendiously called as Committee of Management, the term of which is 3 years with certain stipulations. It is an admitted fact that the last elections of the members of the Committee of Management and...
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