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Allahabad Court January 2011 Judgments

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Jan 19 2011

Committee of Management Aditya Birla Intermediate College Renukoot, So ...

Court: Allahabad

Decided on: Jan-19-2011

1. Heard Mr. Ritvik Upadhyaya, learned counsel for the petitioner and Mr. J.K. Sinha, learned counsel for the opposite party No. 4 as well as learned Standing counsel. 2. Mr. J.K.Sinha, learned counsel for the opposite party no.4 raised objection against the maintainability of the writ petition on the ground that the petitioner had already filed a Civil Misc. Writ Petition bearing 21845 of 2008 before this Court at Allahabad with the following reliefs:- I) A suitable writ, order or direction in the nature of mandamus commanding the respondents to decide forthwith the applications of the petitioner dated 20.11.2006 and 20.3.2008 (Annexures 2 and 13 respectively to the writ petition) for withdrawal of State Grant-in-Aid to the Aditya Birla Intermediate College, Renukoot, Sonebhadra. II) A suitable writ, order or direction in the nature of mandamus commanding the respondents to delete the name of the Aditya Birla Intermediate College, Renukoot, Sonebhadra, from the State Governments' Gran...


Jan 19 2011

Manoj Kumar Pandey Vs. State of U.P. and ors

Court: Allahabad

Decided on: Jan-19-2011

1. The petitioner has prayed for a direction to the respondent-University to declare the results of the B.Ed. Examinations (Degree Course) of the petitioner by way of an amendment. The petitioner has also prayed for quashing of the order dated 19th/30th November, 2010 which is in shape of a communication by the Registrar informing the petitioner that his results for the B.Ed. Examinations, Session 2007-08 (3rd phase) cannot be declared as the petitioner has completed two degree courses simultaneously in the same academic session. It has been indicated that according to rules the petitioner will be entitled for a B.Ed. Degree Course provided his results of Post Graduation which he had completed in the year 2008 are cancelled. The amendment application has been allowed by a separate order and the learned counsel for the University had been called to obtain instructions and assist the Court in the matter. 2. Learned counsel for the University has placed before the Court a copy of the orde...


Jan 19 2011

Ms Prakash Filling Station and Another Vs. Ms Indian Oil Corporation L ...

Court: Allahabad

Decided on: Jan-19-2011

1. Present writ petition has been filed questioning the validity of the orders dated 23.1.2008 passed by the General Manager, M/s Indian Oil Corporation Limited, terminating the Retail Outlet Dealership of the petitioner and order of its affirmance in appeal dated 19.5.2009 passed by the Appellate Authority/ Executive Director (Retail Sales), M/s Indian Oil Corporation Limited. 2. Brief background of the case is that petitioner has been authorized retail outlet dealer of M/s Indian Oil Corporation Limited. Petitioner has stated that he has been carrying his business since last 36 years and further submitted that he is having four underground storage tanks, out of which 3 tanks are of the capacity of 15,000 litres (15KL) while the other other 1 tank is that of 20,000 (20KL) litres capacity. Petitioner has further stated that 15000 litres capacity tank is used for storing MS (Petrol) and HSD (Diesel) whereas one 15 KL and 20 KL capacity tanks of HSD are lying dry. Petitioner has stated t...


Jan 19 2011

Vishwanath Yadav and Others Vs. State of U.P. and Others

Court: Allahabad

Decided on: Jan-19-2011

1. Heard Sri S.C. Srivastava, Advocate for the petitioners and learned Standing Counsel for the respondents. 2. All these matters involve similar questions of facts and law, hence as requested and agreed by learned counsel for the parties, are being decided by this common judgment. 3. All these petitioners were appointed on various dates as teachers in various primary schools recognised by Board of Basic Education under the U.P. Basic Education Act, 1972 (hereinafter referred to as the "1972 Act"). The dates of appointment of all the petitioners are not mentioned but the fact remains that all of them have been appointed in various primary schools though managed privately but recognised by the Board of Basic Education. Learned counsel for the petitioners stated that some of the teachers were appointed before the enactment of statutory rules under Basic Education Act laying down provisions for recruitment and conditions of service of such teachers and some were appointed after the enactm...


Jan 19 2011

Ved Prakash Vs. Hari Krishna Singh and ors.

Court: Allahabad

Decided on: Jan-19-2011

1. This is an appeal against an interim order dated 07.10.2010 by which a learned Judge of this Court has stayed the operation of order dated 10th August, 2010 passed by the Secretary, U.P. Secondary Education Service Selection Board, Allahabad. Learned counsel for the appellant, however, contends that the effect of the stay granted virtually ousts the right of the appellant herein from being appointed to the post and, therefore, the appeal along with the writ petition ought to be heard finally. 2. By consent of the counsel who are present and as no adverse order would be passed against respondent no.1 as also respondent no.6 after hearing the matter, we propose to dispose of this appeal as also the writ petition finally at this stage. 3. A few facts are necessary for determining the controversy involved this appeal. The case of respondent no.1 is that he was appointed on 30.07.2008 under the provisions of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules...


Jan 18 2011

Ashok Kumar And Another Vs. State Of U.P. Thru' Secy. Education And Ot ...

Court: Allahabad

Decided on: Jan-18-2011

1. Heard Sri S.K. Mishra, learned counsel for the petitioners and learned Standing Counsel for respondents no. 1 and 3. On behalf of respondent no. 2 a counter affidavit has been filed by Sri Ajit Dubey, Advocate but he is not present when the case was taken in revised list. 2. This writ petition is directed against the order dated 31.05.2008 (Annexure-9 to the writ petition) passed by respondent no. 3 cancelling the promotion of petitioners on the ground that the promotion from Class-IV to Class-III ought to have been made on the basis of inter se seniority of Class-IV employees prepared on local body basis and not on district basis. 3. Admittedly, the Basic Education Board maintains number of primary schools in rural and urban areas alike in accordance with provisions of the U.P. Basic Education Act, 1972. No statutory rules framed governing the manner in which recruitment and conditions of service of Class-IV and Class-III employees shall be made and the matter is being governed by ...


Jan 18 2011

Raj Kishor Awasthi Vs. State of U.P. and Others

Court: Allahabad

Decided on: Jan-18-2011

1. Heard Sri K.K.Mishra for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner a temporary Collection Amin, was suspended on 16th September, 1980 being accused in criminal case under Section 148, 149 and 302 I.P.C. He was convicted and sentenced for two years' imprisonment under Section 148 I.P.C. and for life imprisonment under Section 302 I.P.C. vide judgment dated 4th February, 1980 passed by the IVth Addl. Sessions Judge, Fatehpur in S.T.No.718 of 1980. The authorities also found that petitioner has filed false medical certificates and therefore, has defrauded his superior authorities. In view of his conviction and on the allegation of forged medical certificates, he was dismissed by Sub-Divisional Magistrate, Khaga, Fatehpur by order dated 2nd September, 1982 w.e.f. 4th February, 1982. The petitioner filed a criminal appeal, which was allowed by this Court vide judgment dated 19th December, 2006 and the petitioner was acquitted. Thereafter the petit...


Jan 18 2011

The Principal St. Anthony Girls Intermediate College, Alld. Vs. State ...

Court: Allahabad

Decided on: Jan-18-2011

1. We have heard Sri Sanjiv Singh for the appellant. Learned standing counsel appears for State respondents. 2. The Principal, St. Anthony Girls Intermediate College, Allahabad is aggrieved by the judgment of the learned Single Judge dated 18.9.2006 in writ petition No. 40997 of 2006, by which the court allowed the prayers made by Km. Hena Farheen, minor daughter of Sri Mohd Irfan to choose Physics, Chemistry and Biology as subjects in Class XI for intermediate examination. The School had denied her choice of subjects by the appellant College, on the ground that she did not have Mathematics in High School. 3. Learned Single Judge held that there is no restriction made by the Board of High Schools and Intermediate Education, U.P. to admit the students in science stream with Physics, Chemistry and Biology in intermediate, if they did not study Mathematics as a subject in High School. The School could not have restricted her choice to opt for science stream, on the ground that she did not...


Jan 18 2011

Shyam Lal and Another Vs. State of U.P. and Others

Court: Allahabad

Decided on: Jan-18-2011

1. Both the petitioners are employees of Sant Tulsi Das Municipal Inter College, Soron, District Etah (hereinafter referred to as the "College"). The petitioner no. 1 was working as Chowkidar having been appointed on 05.08.1966 and on attaining the age of superannuation retired on 28.02.2000. The petitioner no. 2 was appointed as Mali on 10.08.1966 and on attaining the age of superannuation retired on 31.01.2002. Since thereafter both the petitioners made strenuous efforts to get their retiral benefits running between the State Government and Municipal Board, Etah but having failed to get retiral benefits approached this Court by means of the present writ petition where an order was issued on 12.12.2005 by the Assistant District Inspector of Schools, Etah informing the Manager/Principal of the College that the College in question is governed by local body whereupon U.P. Municipalities Act, 1916 (hereinafter referred to as the "1916 Act") is applicable and, therefore, pension of non tea...


Jan 18 2011

Ms Sainik Fuelling Station Bodhi Pokhri District Chitrakoot Through It ...

Court: Allahabad

Decided on: Jan-18-2011

1. Petitioner has approached this court questioning the validity of the order dated 17.6.2008 passed by the Territory Manager (Retail), Bharat Petroleum Corporation Ltd cancelling dealership agreement dated 31.12.2001 of M/s Sainik Fuelling Station Bodhi Pokhri, District Chitrakook and orders of its affirmance in appeal decided on 6.7.2009 passed by the Executive Director, (Retail) Bharat Petroleum Corporation Ltd, Regd, Office Bharat Bhawan, 4 & 6 Currimbhoy Road, Ballard Estate Mumbai. 2. Brief background of the case is that petitioner has been awarded a Retail Outlet dealership in the name and style of M/s Sainik Fuelling Station Bodhi Pokhri, District Banda now District Chitrakook for sales of Motor Spirit and High Speed Diesel under Ex-Army Personal category vide dealership agreement dated 31.12.2001 by Bharat Petroleum Corporation Ltd, hereinafter called B.P.C.L. Petitioner has stated that on 21.6.2006 an inspection has been carried out at the business premises of the petitio...


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