MADAN MOHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and Shri P. K. Sharma appearing for the respondents 2 and 4 as well as learned Standing Counsel for the State.

(2.) By means of this writ petition the petitioner has prayed seeking a direction in the nature of mandamus directing the respondents for the purpose of making appointment on the post in question in Basic Primary School in view of the Judgment dated 28.8.1998 passed in the writ petition No. 30711 of 1997 providing the benefits of the reservation of it being a backward class candidate or in the alternative on the post of Vyayam Visharad. The Judgment relied upon by the petitioner namely passed in writ petition No. 30711 of 1997, which has been annexed as Annexure-I to the writ petition. The said Judgment has been disposed of finally by a Division Bench of this Curt vide its Judgment dated June 11, 2000, which reads as under :

(3.) In view of this Judgment the petitioner who holds the certificate of Vyayam Visharad and not of C.P.Ed. is not entitled for the benefit of the Judgment passed in writ petition No. 30711 of 1997. The other points of learned Counsel for the petitioner in the circumstance of the Special Appeal do not arise for consideration. The writ petition is accordingly dismissed.