Parveen vs. The State Of Uttar Pradesh

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2022 (@SLP (C) Nos. 17974-17975 OF 2019)

THE STATE OF UTTAR PRADESH APPELLANT $(S)$ $\cdots\cdots$

VFRSUS

UMME SAFIA FARIDI & ORS.

RESPONDENT(S) $\cdots\cdots$

WITH

CIVIL APPEAL NO. OF 2022 (@SLP(C) Nos. 19111-19112 OF 2019)

$\boldsymbol{\mathsf{AND}}$

WRIT PETITION (C) No. 549 OF 2022

ORDER

Leave granted.

As we understand, the impugned judgment(s) should be read as issuing directions to the authorities to consider the case of the writ petitioners for selection/appointment to the post of Assistant Teachers (Urdu) Anshkalik Anudeshak Physical and Training Instructors. The directions given by the High Court should not be construed as a Mandumus to issue letters of appointment.

It is brought to notice that subsequently, our the <pre>pondent(s) had issued circular/notifications, including those</pre> ted 08.10.2018 and 14.02.2019, cancelling the recruitment process for selection of teachers vide Government Orders dated 15.12.2016,

19.09.2016 and 23.10.2018. We have been informed that there are reasons recorded in the files of the respondent(s) for cancelling of the selection/recruitment process. It will be open to the appellants/respondents to challenge the circular/notifications cancelling the recruitment process on all grounds as are available to them in law. It will be equally open to the authorities to file a counter affidavit and put forward their case as to why the recruitment process was cancelled. We clarify that we make no comments either way in this regard.

We have been informed that there are some writ petitions already pending before to the High Court of Allahabad, in which some of the circular/notifications have been challenged.

Recording the aforesaid, the appeals preferred by the State of Uttar Pradesh are disposed of.

Writ Petition(s) preferred by the petitioner(s) challenging the action of the respondent-authorities, would also be treated as disposed of, giving/with liberty to the writ petitioner(s) to prefer the writ petition to the jurisdictional High Court. This order would apply in cases where the entire recruitment process has been cancelled without any appointments being made. As already stated and indicated above, we have not commented on the merits of the decision taken by the State of Uttar Pradesh to cancel the recruitment process. As the matters have remained pending for some time, we would request the High Court to take up the matters for hearing expeditiously.

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Pending application(s), if any, shall stand disposed of.

..................J. (SANJIV KHANNA)

..................J. (J.K. MAHESHWARI)

NEW DELHI; NOVEMBER 10, 2022.

ITEM NO.20 COURT NO.8 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 17974- 17975/2019

(Arising out of impugned final judgment and order dated 25-03-2019 in CMRA No. 4/2018 12-04-2018 in SAD No. 33/2018 passed by the High Court of Judicature at Allahabad)

THE STATE OF UTTAR PRADESH Petitioner(s)

VERSUS

UMME SAFIA FARIDI & ORS. Respondent(s)

WITH

Diary No(s). 18516/2019 (XI)

(FOR ADMISSION and I.R. and IA No.105891/2019-CONDONATION OF DELAY IN FILING and IA No.105896/2019-EXEMPTION FROM FILING O.T. and IA No.105893/2019-CONDONATION OF DELAY IN REFILING IA No. 63156/2022 - APPLICATION FOR TAGGING/DETAGGING IA No. 60738/2022 - APPLICATION FOR TAGGING/DETAGGING IA No. 45246/2021 - APPROPRIATE ORDERS/DIRECTIONS IA No. 105891/2019 - CONDONATION OF DELAY IN FILING IA No. 105893/2019 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 44631/2021 - EARLY HEARING APPLICATION IA No. 130524/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 16103/2020 - EXEMPTION FROM FILING O.T. IA No. 63407/2022 - EXEMPTION FROM FILING O.T. IA No. 105896/2019 - EXEMPTION FROM FILING O.T. IA No. 25784/2020 - EXEMPTION FROM FILING O.T. IA No. 93851/2022 - EXEMPTION FROM FILING O.T. IA No. 194069/2019 - INTERVENTION APPLICATION IA No. 145765/2019 - INTERVENTION APPLICATION IA No. 91064/2022 - INTERVENTION/IMPLEADMENT IA No. 152913/2019 - INTERVENTION/IMPLEADMENT IA No. 169532/2019 - INTERVENTION/IMPLEADMENT IA No. 13627/2020 - INTERVENTION/IMPLEADMENT IA No. 130518/2021 - INTERVENTION/IMPLEADMENT IA No. 87348/2022 - INTERVENTION/IMPLEADMENT IA No. 152690/2019 - INTERVENTION/IMPLEADMENT IA No. 169015/2019 - INTERVENTION/IMPLEADMENT IA No. 10495/2020 - INTERVENTION/IMPLEADMENT IA No. 168343/2019 - INTERVENTION/IMPLEADMENT IA No. 7622/2020 - INTERVENTION/IMPLEADMENT IA No. 63405/2022 - INTERVENTION/IMPLEADMENT IA No. 144586/2019 - INTERVENTION/IMPLEADMENT IA No. 1030/2020 - INTERVENTION/IMPLEADMENT IA No. 162310/2022 - INTERVENTION/IMPLEADMENT

IA No. 155788/2019 - INTERVENTION/IMPLEADMENT IA No. 198778/2019 - INTERVENTION/IMPLEADMENT IA No. 105728/2022 - INTERVENTION/IMPLEADMENT IA No. 154936/2019 - INTERVENTION/IMPLEADMENT IA No. 196246/2019 - INTERVENTION/IMPLEADMENT IA No. 25783/2020 - INTERVENTION/IMPLEADMENT IA No. 59337/2022 - INTERVENTION/IMPLEADMENT IA No. 102995/2022 - INTERVENTION/IMPLEADMENT IA No. 154183/2019 - INTERVENTION/IMPLEADMENT IA No. 195481/2019 - INTERVENTION/IMPLEADMENT IA No. 25638/2020 - INTERVENTION/IMPLEADMENT IA No. 164386/2021 - INTERVENTION/IMPLEADMENT IA No. 153235/2019 - INTERVENTION/IMPLEADMENT IA No. 26197/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) W.P.(C) No. 1037/2020 (X) (IA No. 65421/2022 - APPLICATION FOR TAGGING/DETAGGING IA No. 90000/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 131154/2021 - INTERVENTION/IMPLEADMENT) W.P.(C) No. 670/2020 (X) (IA No. 61749/2020 - EXEMPTION FROM FILING AFFIDAVIT) W.P.(C) No. 29/2021 (X) (FOR ADMISSION and IA No.3497/2021-EXEMPTION FROM FILING O.T. and IA No.3498/2021-EXEMPTION FROM FILING AFFIDAVIT) W.P.(C) No. 1117/2021 (X) (IA No. 129570/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 129573/2021 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 549/2022 (X) (IA No. 100248/2022 - EXEMPTION FROM FILING O.T.) W.P.(C) No. 604/2022 (X) (FOR ADMISSION and IA No.109759/2022-EXEMPTION FROM FILING O.T. and IA No.109760/2022-PERMISSION TO FILE LENGTHY LIST OF DATES) SLP(C) No. 19111-19112/2019 (XI) (FOR ADMISSION and I.R. and IA No.105817/2019-CONDONATION OF DELAY IN FILING and IA No.105821/2019-EXEMPTION FROM FILING O.T. and IA No.105818/2019-CONDONATION OF DELAY IN REFILING) W.P.(C) No. 1357/2019 (X) (FOR ADMISSION and IA No.173587/2019-EXEMPTION FROM FILING O.T.) W.P.(C) No. 304/2020 (X)

(IA No. 164916/2021 - APPLICATION FOR PERMISSION IA No. 164781/2021 - APPLICATION FOR PERMISSION IA No. 62914/2022 - APPLICATION FOR TAGGING/DETAGGING IA No. 106064/2022 - DISCHARGE OF ADVOCATE ON RECORD IA No. 25755/2020 - EX-PARTE AD-INTERIM RELIEF

IA No. 25754/2020 - EXEMPTION FROM FILING O.T. IA No. 107710/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

W.P.(C) No. 442/2020 (X) (FOR ADMISSION and IA No.45719/2020-EXEMPTION FROM FILING O.T.)

W.P.(C) No. 441/2020 (X) (FOR ADMISSION and IA No.45424/2020-EX-PARTE AD-INTERIM RELIEF and IA No.45423/2020-EXEMPTION FROM FILING O.T.)

W.P.(C) No. 435/2020 (X) (IA No. 44854/2020 - EXEMPTION FROM FILING O.T.)

W.P.(C) No. 1043/2020 (X) (IA No. 90290/2020 - EXEMPTION FROM FILING AFFIDAVIT)

W.P.(C) No. 926/2022 (X) (FOR ADMISSION and IA No.156898/2022-EXEMPTION FROM FILING O.T. and IA No.156897/2022-PERMISSION TO FILE LENGTHY LIST OF DATES)

Date : 10-11-2022 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI

For Parties

Mr. Salman Khurshid, Sr. Adv. Mr. Fuzail Ahmad Ayyubi, AOR Mr. Ibad Mushtaq, Adv. Ms. Akansha Rai, ADv. Ms. Shama usmani, Adv. Ms. Tehsheena Z. Hussain, Adv. Ms. Farheen Fatima, Adv.

Mr. Rohit Singh, AOR Mr. Piyush Dwivedi, AOR Mr. Parminder Singh Bhullar, AOR

Mr. Sibo Sankar Mishra, AOR

Mr. Niranjan Sahu, Adv.

Mr. Debarata Dash, Adv.

Mr. Umakant Mishra, Adv.

Mr. Vivek Jain, AOR

Mr. Sandeep Jindal, AOR Ms. Anjili Tiwari, Adv. Ms. Surbhha Bhaskar, Adv.

Mr. Manish Mishra, Adv. Mr. Sanjay Rastogi, AOR Ms. Aishwarya Bhati, ASG Mr. Harish Pandey, AOR Ms. Vibha Makhija, Sr. Adv. Mr. Mohd. Shoeb Alam, Adv. Mr. Susheel Tomar, Adv. Mr. Nikhil Jain, AOR Mr. Praveen Gaur, Adv. Ms. Baani Khanna, Adv. Mr. Karan Mamgain, ADv. Mr. Sampriti Baksh, Adv. Mr. Rajat Aren, Adv. Mr. Nidesh Gupta, Sr. Adv. Mr. Shantanu Singh, Adv. Mr. Goutham Shivshankar, AOR Mr. Dhananjai Jain, AOR Ms. Charu Ambwani, AOR Mr. Prashant Shukla, Adv. Mr. Suyash Srivastava, Adv. Ms. Shreya Mishra, Adv. Mr. Anurag Tripathi, Adv. Mr. Shanker Singh, Adv. Mr. Madhumay Mishra, Adv. Mr. Satyajeet Kumar, AOR Mr. Harish Pandey, AOR Mr. Tom Joseph, AOR Mr. Sanjay Rastogi, Adv. Mr. Parminder Singh Bhullar, Adv. Mr. Rohit Singh, Adv. Mr. Rakesh Mishra, AOR Ms. Poornima Singh, Adv. Mr. Alok Kumar Pandey, ADv. Mr. Tejaswi Kumar Pradhan, AOR Mr. Fuzail Ahmad Ayyubi, AOR Mr. Siddharth Dave, Sr. Adv. Mr. Satwik Misra, Adv. Mr. Shreeyash Lalit, Adv. Mr. H. Shukla, Adv. Mr. Ayush Misra, Adv. Ms. Gunjan Dogra, Adv. Ms. Pooja Kabra, Adv.

Mr. Yusuf Khan, Adv. Mr. Sandeep Kumar Dwivedi, Adv. Mr. Kisalaya Shukla, ADv. Mr. Raghuvendra Upadhyay, Adv. Mr. Neeraj Kumar Singh, Adv. Ms. Arushi Singh, Adv. Dr. Vinod Kumar Tewari, AOR Mr. Robin Khokhar, AOR Mr. Kapil Sibal, Sr. Adv. Mr. Nidhesh Gupta, Sr. Adv. Mr. P. S. Patwalia, Sr. Adv. Mr. R. K. Singh, Adv. Mr. Kumar Gaurav, Adv. Ms. Ritu Reniwal, Adv. Mr. Ajay Choudhary, ADv. Mr. Aman Rastogi, Adv. Mr. Praveen Pathak, Adv. Mr. Anuroop Chakravarti, Adv. Mr. Abhik Chimni, Adv. Mr. Neeraj Kumar Singh, ADv. Mr. Ajay Choudhary, Adv. Mr. Sanjay Rastogi, AOR Mr. Linto K.B, Adv. Ms. Arya Krishna, Adv. Mr. Ravinder Vikram, Adv. Mr. Vineeth S., Adv. Mr. Ajeesh G., Adv. Mr. Amit Pawan, AOR Mr. Anand Nandan, Adv. Mr. Hassan Zobair Waris, Adv. Mt. Aakarsh, Adv. Mr. Kushagra Raj, Adv. Ms. Parul Shukla, AOR Mr. Shailendra Kumar, Adv. Mr. Nitin Singh, Adv. Ms. Anzu. K. Varkey, AOR Pushkar Sharma, Adv. Mr. Abdul Qadir, Adv. Mr. Nigam B., Adv. Mr. Khagesh Sharma, Adv. Mr. G. Javed, Adv. Mr. A. Rehman, Adv. Mr. Amit Bansal, Adv.

Mr. Abbula Kalam, Adv. Ms. Shaziya Ansari, Adv. Mr. Akbar Ali, Adv. Mr. Satish Pandey, AOR Mr. Lokesh Kumar Choudhary, AOR Mr. Brijesh Kr. Gupta, Adv. Mr. Ajay Kr. Rai, Adv. Mr. M.k. Mishra, Sr. Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. S.K. Rajora, Adv. Mr. Akhileshwar Jha, Adv. Ms. Yamini Sharma, Adv. Ms. Niharika Dwivedi, Adv. Ms. Shweta Sand, Adv. Mr. Anubhav Gupta, ADv. Mr. Narendra Pal Sharma, Adv.

UPON hearing the counsel, the Court made the following O R D E R

SLP (C) Nos. 17974-17975 OF 2019,SLP(C) Nos. 19111-19112 OF 2019, ANDWRIT PETITION (C) No. 549 OF 2022

Leave granted.

The appeals and the writ petition are disposed of in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

SLP Diary No(s). 18516/2019, W.P.(C) No. 1037/2020, W.P.(C) No. 670/2020, W.P.(C) No. 29/2021, W.P.(C) No. 1117/2021, W.P.(C) No. 604/2022 W.P.(C) No. 1357/2019 W.P.(C) No. 304/2020, W.P.(C) No. 442/2020, W.P.(C) No. 441/2020, W.P.(C) No. 435/2020, W.P.(C) No. 1043/2020, W.P.(C) No. 926/2022 (X)

The State of Uttar Pradesh would file an affidavit of the Secretary, Basic Education, stating whether any appointment letters were issued after 23.03.2017 to the candidates who had participated in the selection process for the post of Assistant Teacher (Mathematics) and Assistant Teacher (Science) pursuant to the Government Order No. 2651(1)/79-6-2011-1(4)/13 dated 11.07.2013. If any appointment letters have been issued, the reason and cause for issue of the said appointment letter(s) will be indicated. The affidavit would also state on oath whether the respondents have filed and given any undertaking before the High Court in response to applications filed for contempt, agreeing to issue appointment letters and if any appointment letters in such cases have been issued. Lastly, the affidavit would state whether any person who had participated in the 7th and 8th rounds of counseling, or whose documents was scrutinized, have been issued appointment letters, and if so, on what dates. The marks obtained by the said candidates would be indicated and stated in the affidavit.

The aforesaid affidavit will be filed within a period of four weeks from today.

The petitioners who have challenged the cancellation of recruitment for the post of Assistant Teachers (Mathematics) and Assistant Teachers (Science) would be entitled to file their response to the said affidavit within a period of two weeks.

Re-list on a non-miscellaneous day in the month of January, 2023. Not to be treated as part heard.

(BABITA PANDEY) COURT MASTER (SH)

(R.S. NARAYANAN) COURT MASTER (NSH)

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