YOGENDRA KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Prabhakar Awasthi learned counsel for the petitioner and the learned standing counsel for the respondent Nos. 1, 2 and 3. Sri Ashok Khare learned senior counsel assisted by Sri Irshad Ali appears for the respondent Nos. 7 and 8, Sri Khalil Ahmad Ansari for the respondent No. 6 and Sri Shailesh Pandey for the respondent No. 9.

(2.) The challenge is to the order dated 23.10.2009, passed by a Committee comprising of the Deputy Director of Education, Moradabad Region who was also holding the charge of the Regional Deputy Director of Education, Moradabad whereby the representation filed by the petitioner which was directed to be decided in terms of the order dated 22.4.2009 as well as in compliance with the directions of the Special Appellate Bench dated 28.1.2009, has rejected the claim of the petitioner.

(3.) The petitioner has come up against the impugned order on several grounds but primarily on the ground that the order is without jurisdiction as the same has proceeded to determine the selections which have to be made under Section 12 of the U.P. Secondary Education Service Selection Board Act, 1982 inspite of the fact that the Committee defined therein was not allowed to proceed as directed by this Court. While raising the challenge to the said order the petitioner has categorically stated and averred in the writ petition that he does not seek to challenge the status of the respondent No. 6. In view of this the matter of respondent No. 6 Jata Shankar Sharma as already concluded by the judgment of the Special Appellate Bench stands affirmed.