ANAND VARDHAN MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) This intra-court appeal has been filed with a grievance that the learned Single Judge while entertaining the writ petition filed by the appellant-petitioners has not granted the entire interim relief as prayed for in the writ petition that is likely to cause, not only prejudice to the appellants, but also to some of the institutions that would be left with no teachers thereby affecting the educational career of the students of such institutions where the appellant petitioners had been selected and appointed.

(2.) The appellants herein filed the writ petition challenging the orders dated 4.12.2012 passed by the Director of Education whereby the selection and appointment of the petitioner appellants has been annulled on the ground that the selections were de-hors the relevant rules and that the advertisement against which such selections and appointments were made being contrary to the rules were invalid. Accordingly, the entire selection process was nullified on the ground of violation of the provisions of the Uttar Pradesh Madhyamik Sanskrit Shiksha Parishad Service Rules, 2009.

(3.) A consequential order passed by the Joint Director of Education, Basti dated 12.12.2012 in pursuance of the order of Director of Education was also questioned whereby recovery of salary from the appellants was directed. The respondents were called upon to file their counter affidavit within one month with a direction to list the writ petition on 8th of February, 2013. The interim order dated 3rd of January, 2013 protected the petitioner appellants only from recovery of any salary that was sought to be made under the order dated 12.12.2012.