Allahabad Court October 2000 Judgments
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Dr. Poonam Khare Vs. State of U. P. and Others
Court: Allahabad
Decided on: Oct-31-2000
Reported in: 2001(1)AWC299; (2001)1UPLBEC230
S. R. Singh, J. 1. Advertisement No. 29 of 2000 issued by the U. P. Higher Secondary Education Service Commission, Allahabad, in so far as it pertains to the post of Lecturer in Geology in P.P.N. College, Kanpur, is sought to be quashed by means of this petition under Article 226 of the Constitution of India. The petitioner who is working in the college as an Anshkalik teacher appointed as such by the management with the approval of the Director, Higher Education Service Commission in view of the provisions contained in Government Order No. 467 (1) Sattar-2-98-3(9)/93 T.C. dated 7.4.1998, claims that she is eligible and fully qualified for being appointed as Lecturer Geology but stands precluded from applying to the post in question because of the reason that it has been illegally reserved for Scheduled Caste candidate. 2. It has been submitted by Sri Ashok Khare, senior advocate appearing for the petitioner that the sole vacancy in the post of Lecturer in Geology mentioned in the impu...
Radhey Shyam Vs. District Judge, Chitrakoot and Others
Court: Allahabad
Decided on: Oct-30-2000
Reported in: 2001(1)AWC106
O. P. Garg, J.1. In this writ petition the order dated 5.9.2000 passed by the learned District Judge, Chitrakoot. allowing the Revision Application No. 36 of 1999 whereby the order dated 29.9.2000 passed by the trial court in Suit No. 10 of 1990 has been challenged. 2. Heard Sri K. S. Mishra, learned counsel for the petitioner-Radhey Shyam who happens to be defendant No. 3 in the original suit as well as Sri Iqbal Ahmad, learned counsel for the respondent Nos. 3 and 4. 3. Suit No. 10 of 1990 was instituted by respondent No. 3 Ayodhya for the relief of partition of his l/4th share in the disputed property. It was alleged that the property in question was purchased jointly by Ram Adhar and Gaya Prasad. Radhey Shyam alias Radhey Lal-petitioner, and Jogesh the present respondent No. 6 are the sons of Ram Adhar while plaintiff-respondent No. 3-Ayodhya and Bhola Prasad-respondent No. 4 are the sons of Gaya Prasad. The suit was ordered to proceed ex parte against thedefendant No. 4-Jogesh (pr...
Vidyanand Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-24-2000
Reported in: 2001(1)AWC46; (2001)1UPLBEC513
Shyamal Kumar Sen, C.J. and G. P. Mathur, J.1. This writ petition under Article 226 of the Constitution has been filed praying that the notification issued by the State Government on September 27, 2000 reserving only 7 wards in Nagar Palika Parishad, Farrukhabad for backward classes be quashed and a writ of mandamus be issued restraining the respondents from issuing any notification for holding election for the said Nagar Palika Parishad till the number of wards reserved for backward classes is increased.2. Mrs. Poonam Srivastava, learned counsel for the petitioner has submitted that the last election for electing Sabhashads for Nagar Palika Parishad was held in the year 1995 on the basis of the census conducted in 1994. In the said election, the Nagar Palika Parishad was divided into 29 wards and 8 wards were reserved for backward classes. However, in the notification issued by the State Government on September 27, 2000 the wards reserved for backward classes have been reduced from 8 ...
Pratap Narayan Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-24-2000
Reported in: 2001(1)AWC99
ORDERShyamal Kumar Sen, C. J. and G. P. Mathur, J.1. This writ petition, under Article 226 of the Constitution, has been filed praying that the notification issued by the State Government on 27.9.2000 providing for reservation of wards in Nagar Palika Parishad, Farrukhabad, be quashed.2. It is averred in the writ petition that Nagar Palika Parishad. Farrukhabad, has been divided into 29 wards. In the election held in the year 1995, the wards were reserved on the basis of the population as ascertained in the census held in the year 1991. Accordingly, 17 wards were reserved for General Candidates, 8 wards were reserved for Backward Classes and 4 wards were reserved for Scheduled Caste candidates. In the notification issued by the State Government on 27.9.2000, the number of wards reserved for Scheduled Castes candidates have been reduced from 4 to 3.3. Mrs. Poonam Srivastava, learned counsel for the petitioner has contended that after 1991, no fresh census has been held and, therefore, f...
Rajiv Gupta Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-24-2000
Reported in: 2001(1)AWC140
G. P. Mathur, J.1. The dispute in the present writ petition relates to reservation of seat for the office of Adhyaksha (President), of Nagar Panchayat, Dataganj, district Budaun. In the election held in the year 1995, the seat was reserved for a candidate belonging to Backward Class. A notification was issued by the State Government on September 30, 2000, providing that the seat for the office of Nagar Panchayat, Dataganj is reserved for Backward Class. The petitioner seeks quashing of the said notification. He has also prayed that a writ of mandamus be issued commanding the respondents to declare the seat for the aforesaid office as unreserved and open for candidates of general category. 2. Sri Ramendra Asthana, learned counsel for the petitioner has contended that in view of Article 243T of the Constitution and Section 9A of U. P. Municipalities Act, 1916 (hereinafter referred to as the Act), there should be a rotation in the matter of reservation of seats and as the office of Presid...
Committee of Management, Saheed Bhawani Dutt Joshi (Ashok Chakra) High ...
Court: Allahabad
Decided on: Oct-24-2000
Reported in: 2000(4)AWC3413; (2001)1UPLBEC213
A. K. Yog, J.1. All the respondents are represented by the standing counsel and the petition is being disposed of in accordance with Rules of Court.2. Committee of Management, Shaheed Bhawanl Dutt Joshi (Ashok Chakra) Higher Secondary School, Chaprun Tharali. Chamoli through it s Manager (for short called the 'College') by means of this petition under Article 226. Constitution of India prays for issuing a writ ofmandamus commanding the respondents to pay salary to its teaching and non-teaching staff with effect from March. 2000 (i.e.. entire arrears of salary) and further continue to pay their salary month by month in accordance with law.3. Petitioner manages the college, which was initially a Junior High School governed by the provisions of U. P. Baste Education Act which was on the grant-in-aid list to ensure regular payment of salary to the staff of the said college at the Junior High School level. The college was upgraded on January 28. 1999 (Annexure 9 to the writ petition). In th...
Ratan Kumar Dixit and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-24-2000
Reported in: 2000(4)AWC3433; (2001)1UPLBEC390
Shyamal Kumar Sen, C.J. and G. P. Mathur, J.1. This writ petition under Article 226 of the Constitution has been filed praying for several reliefs and the principal reliefs are that the notification issued by the State Government providing for reservation of wards in all the eleven Nagar Nigams (Municipal Corporations) in the State be quashed and a direction be issued to the respondents not to proceed with the election in the Municipal Corporations until the exercise of determination of actual population of the Scheduled Castes, Scheduled Tribes, Backward Classes and also the total population of different wards of Nagar Nigams is completed and the seats in the wards are reserved in accordance with law for different categories of persons who are entitled for reservation,2. Petitioner Nos. 1, 3 and 4 are residents of and are registered asvoters in Nagar Nigam. Allahabad. petitioner No. 2 is resident of and is registered as voter in Nagar Nigam. Gorakhpur and petitioner No. 5 is resident ...
Committee of Management and Another Vs. Joint Director of Education (W ...
Court: Allahabad
Decided on: Oct-23-2000
Reported in: 2000(4)AWC3424; (2001)1UPLBEC226
V.M. Sahai, J.1. Km, Avinash Gupta, respondent No. 2 was appointed as Principal on 25.3.1975 on probation of one year in Vaidya Bhagwan Din Bailka Vidyalaya Higher Secondary School, Nanpara, district Bahraich (in brief institution). She was suspended on 6.2.1977, 4.4.1977 and 11.7.1977 but these suspension orders were not approved by the Regional Inspectress of Girls School (in brief R.I.G.S.). She was again suspended on 16.4.1981. This order was approved by R.I.G.S. The charge-sheet was issued to her on 17.2.1981. It was replied on 23.3.1981. The petitioner passed a resolution on 30.4.1981 for terminating the services of respondent No. 2. This resolution was sent to R.I.G.S. for approval, as provided by Section 16G(3) of the U. P. Intermediate Education Act, 1921 (in brief the Act). It remained pending with the R.I.G.S. for about four years. The approval was granted on 7th May, 1985, The respondent No. 2 filed an appeal before the Joint Director of Education. This appeal was allowed o...
Jindal Traders Vs. District Magistrate, Balrampur and Another
Court: Allahabad
Decided on: Oct-20-2000
Reported in: 2001(1)AWC271
S. K. Sen, C.J.1. In the instant petition, the petitioner has challenged the order of suspension of licence of wholesale of rice. The writ petitioner is a foodgrains dealer and is covered by the U. P. Rice and Paddy (Levy and Regulation of Trade) Order, 1985 (hereinafter referred to as the Order of 1985) as well as the U. P. Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1989 (hereinafter referred to as Order of 1989). Restrictions have been imposed upon the licensee by clause 8 of the Order, 1989. Relevant portion of the said clause is quoted below for ready reference :'8. Contravention of conditions of licence.--(1) No licensee or his agent or servant or any other person acting on his behalf shall contravene any provision of this Order or any of the terms and conditions of the licence.(2) If the Licensing Authority is satisfied that any such licensee or his agent or servant or any other person acting on his behalf has contravened any provision of this Or...
State of U.P. and Another Vs. Mangli
Court: Allahabad
Decided on: Oct-20-2000
Reported in: 2001(1)AWC419
Krishna Kumar, J.1. All the abovementioned appeals have been filed by the appellants against the judgment and award dated 24.12.1991 passed by the XIIIth Additional District Judge, Meerut in land acquisition references filed by the owners and bhumidhars of the land whose land was acquired by the Special Land Acquisition Officer for the Meerut Development Authority. The owners of the land were not satisfied with the award given by the Special Land Acquisition Officer, Meerut and, therefore, filed references before the District Judge, Meerut. All the references were decided by the XIIIth Additional District Judge. Meerut, by single and common judgment. 2. As all the abovementioned appeals were filed against the single and common judgment passed by the XIIIth Additional District Judge, Meerut, all the appeals were heard together and are being disposed of by a single and common judgment. However, for convenience, the First Appeal No. 333 of 1992 shall be the leading case. 3. In short compa...
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