- (1.) When the case was taken up on 19.8.2019, Court has passed the following order:- "Heard learned counsel for the petitioners, learned standing counsel for respondent Nos. 1 and 2 and Sri Santosh Kumar, learned counsel for respondent No. 3. Learned counsel for the petitioners prays for and is permitted to implead Additional Chief Secretary, Basic Education, U.P. at Lucknow as respondent No. 4 during the course of the day. Learned counsel for the petitioners submitted that impugned order has been passed in compliance of oral instruction of Additional Chief Secretary whereas there is no provision under the law to issue oral instruction, therefore, this order is bad and is liable to be quashed. Learned standing counsel as well as Sri Santosh Kumar, learned counsel for respondent No. 3 prays for and is granted one week time to seek instruction that under which provision of law oral instruction has been issued and same was complied by respondent No. 3. Put up this case on 26.08.2019 in the additional cause list."
(2.) Court was not satisfied with the instruction placed before the Court on 26.8.2019 and passed the following order:- On last occasion i.e. 19.8.2019, Court has passed following order; "Heard learned counsel for the petitioners, learned standing counsel for respondent Nos. 1 and 2 and Sri Santosh Kumar, learned counsel for respondent No. 3. Learned counsel for the petitioners prays for and is permitted to implead Additional Chief Secretary, Basic Education, U.P. at Lucknow as respondent No. 4 during the course of the day. Learned counsel for the petitioners submitted that impugned order has been passed in compliance of oral instruction of Additional Chief Secretary whereas there is no provision under the law to issue oral instruction, therefore, this order is bad and is liable to be quashed. Learned standing counsel as well as Sri Santosh Kumar, learned counsel for respondent No. 3 prays for and is granted one week time to seek instruction that under which provision of law oral instruction has been issued and same was complied by respondent No. 3. Put up this case on 26.08.2019 in the additional cause list."
(3.) Today, written instruction dated 24.8.2019 has been produced by respondent no. 3 reiterating the facts mentioned in the impugned order dated 26.06.2019. Learned standing counsel has not received any instruction from respondent no. 4. Learned standing counsel prays for and is granted one week further time to seek instruction from respondent no. 4 in light of order of this Court dated 19.8.2019 failing which respondent no. 4 shall appear in person along with record for proper assistance. List this case on 4.9.2019 in additional cause list." ;