JUDGEMENT
PRAKASH PADIA ,J. -
(1.) Heard Sri Anil Bhushan, learned Senior Counsel, assisted by Sri Sandeep Kumar, learned counsel for the petitioner, Sri Aditya Kesari, learned Standing Counsel for the respondents no.1 and 2 and Sri Prem Prakash Yadav, learned counsel for the respondents no.3 and 4.
When the writ petition was taken up on 13.12.2019 following order was passed by this Court :-
"Heard learned counsel for the parties and perused the record.
The following order was passed today in WRIT - A No. - 19705 of 2019 (Neetu Tyagi Vs. State of U.P. and 3 others), which is reproduced hereinbelow:-
"Heard Sri Anil Bhushan, learned Senior Counsel assisted by Sri Sandeep Kumar, learned Standing Counsel for the respondents no.1 and 2 and Sri Prem Prakash Yadav and Sri A. K. Yadav learned counsel for the respondents no.3 and 4.
The petitioner has preferred the present writ petition challenging the order dated 18.9.2019 passed by the District Basic Education Officer, Bijnor/respondent no.3, copy of which is appended as annexure 16 to the writ petition.
(2.) It appears from perusal of the record that against the order dated 16.8.2019 passed by respondent no.3 in which name of the present petitioner stands at serial no.129, the writ petition was preferred by the petitioner along-with other similar situated persons being Writ A No.13224 of 2019 (Puspendra Kumar and 48 others Vs. State of U.P. and 5 others).
(3.) It is argued by the learned counsel for the petitioner that the petitioner is also one of the petitioner in the aforesaid writ petition, the aforesaid writ petition was finally decided by a Coordinate Bench of this Court vide judgement and order dated 22.8.2019. The order dated 22.8.2019 passed in the aforesaid case is reproduced hereinbelow :-
"Learned counsel for the petitioner is permitted to implead District Level Committee through its Chairman, District Magistrate, Bijnor as respondent No. 7 during the course of the day.
Learned counsel for the petitioners is assailing the impugned adjustment orders dated 26.07.2019 and 09.08.2019 passed by respondent no.4 on different factual grounds.
Mr. Prem Prakash Yadav, learned counsel for the respondent nos. 2 and 4 submitted that petitioners have alternative remedy to approach the District Level Committee as provided in Government Order dated 17.06.2019 which could not be disputed by the learned counsel for the petitioners.
Under such facts and circumstances, the writ petition is disposed of with liberty to the petitioners to approach District Level Committee constituted under the provisions of Government Order dated 17.06.2019 headed by District Magistrate by filing representation maximum within one week. In case any such representation is filed before the Committee, Committee shall consider and decide the same strictly in accordance with law maximum within four weeks from the date of production of certified copy of this order. For a period of five weeks from today or till decision taken by the Committee, whichever is earlier, no coercive action shall be taken against the petitioners.
It is made clear that Court has not adjudicated the case on merits and it is upon the Committee to decide the representation of the petitioners after considering the relevant Rules as well as Government Orders occupying the filed." ;
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