- (1.) dated 26.07.2011 passed by the learned Single Judge in Civil Misc. Writ Petition No. 41412 of 2011 (Smt. Lalitesh Kishori Devi and another v. State of U.P. and others) , wherein learned Single Judge has proceeded to non suit the claim of the petitioners-appellants by mentioning that appellants cannot resist the appointment on the basis of advertisement merely because they claim that District Basic Education Officer, District Sant Kabir Nagar, has granted approval to their appointment.
(2.) Brief background of the case is that in the District of Sant Kabir Nagar, there is recognised institution in the name and style of Parmanand Das-Ram Narayan Yadav Adarsh Balika Laghu Madhyamik Vidyalaya, Nath Nagar, District Sant Kabir Nagar. Appellants claim that as far as appellant no.2 is concerned, she has been appointed as Assistant Teacher in the institution on 01.04.1999 whereas appellant no.2 claims to have been appointed in the institution concerned on 12.07.2006. Appellants also claim that after selection had been made, papers have been transmitted to the office of District Basic Education Officer, Sant Kabir Nagar and on the same, it has been sought to be contended that District Basic Education Officer, Sant Kabir Nagar has accorded approval. Appellants have contended that they have been performing and discharging their duty, and at the point of time, when the institution was taken in the grant-in-aid list of State Government, the name of appellants has not been included therein and contrarily post has been advertised and thus impelling the appellants to be before this Court.
(3.) This Court on the presentation of writ petition, on 26.04.2011 has proceeded to reject the claim of appellants, leading to filing of present Special Appeal in question.;