DR. DAYA SHANKAR SINGH v. THE STATE OF UTTAR PRADESH .

-ITEM NO.4 Court No.10 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010(From the judgement and order dated 10/02/2010 in CMWP No.6545/2005 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With office report )Date: 01/11/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MRS. JUSTICE GYAN SUDHA MISRAFor Petitioner(s) Mr. S.P.Singh, Sr. Adv. Mr. D.S.Parmar, Adv. Mr.Susheel Tomer, Adv. Mr. Ravindra S. Garia,Adv.For Respondent(s) Mr. Lagnesh Mishra, Adv. Mr. V.N. Raghupathy,Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order.|(Shashi Sareen) | |(Veena Khera) ||Court Master | |Court Master | (Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 7758 OF 2012 (Arising out of SLP(C) No. 10846 of 2010)| DR. DAYA SHANKAR SINGH |...| Appellant(s) || Versus || THE STATE OF U.P. AND ORS. |...| Respondent(s) |

O R D E R Leave granted. In Writ Petition No. 25223 of 1992 filed by respondent No. 7 Devendra Pratap Singh, a Division Bench of the High Court of Allahabad passed an order on 19.10.1995 directing that the cases of the appellant herein and the said Devender Pratap Singh be considered by a Screening Committee to be constituted for that purpose keeping in view the observations made by the High Court in the order passed by it. The Screening Committee appears to have accordingly considered the cases of the appellant respondent No. 7 and found respondent No. 7 to be fit and suitable for regularisation while the prayer for regularisation of the appellant was declined. Aggrieved by the decision of the Screening Committee and a communication dated 5th January, 2005 issued by the Director, Higher Education, U.P. Allahabad the appellant preferred Writ Petition No. 6545 of 2005 before the High Court at Allahabad. The High Court has by a short order dated 02.10.2010 impugned in this appeal dismissed the said petition order which may be extracted in extenso:. "Heard learned counsel for the parties. This petition is directed against an order dated 5th of January, 2005 by which the services of the respondent No. 7 have been regularized on the post of Lecturer in Hindi. During arguments, learned counsel for the petitioner has failed to point out any infirmity in the appointment or regularisation of the respondent No. 7. Infact he has not been able to confront the court with minimum qualification prescribed for the post. Accordingly, no case for interference is made out. rejected." We are not satisfied with the above order for the same does not either set out the factual background in which the writ petition came to be filed nor does it identify the points that were urged at the Bar by learned counsel appearing for the writ petitioner. All that the order states is that learned counsel for the petitioner was unable to point out any infirmity in the appointment or regularisation of respondent No. 7 in the writ petition. It was contended by learned counsel for the appellant that the writ petition made specific averments and raised specific grounds challenging the regularisation of respondent No. 7 and the refusal of a similar relief to the writ petitioner-appellant. He further states that submissions in support of those grounds were also made before the High Court which the High Court has failed to notice. Be that as it may, we are of the view that the High Court would do well to have a fresh look at the matter and pass appropriate orders after adverting to the points that may be urged by learned counsel for the parties. We accordingly allow this appeal, set aside the order passed by the High Court and remit the matter back to the High Court for a fresh disposal in accordance with law leaving the parties to bear their own costs. ..............................J. (T.S.THAKUR)

................................J. (GYAN SUDHA MISRA)New Delhi,November 1, 2012

nITEM NO.36 COURT NO.12 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010(From the judgement and order dated 10/02/2010 in CMWP No.6545/2005 ofThe HIGH COURT OF JUDICATURE AT ALLAHABAD)DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With office report )Date: 02/04/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MRS. JUSTICE GYAN SUDHA MISRAFor Petitioner(s) Mr. S.P.Singh, Sr. Adv. Mr. D.S.Parmar, Adv. Mr. sushil Kumar Tomar, Adv. Mr. Ravindra S. Garia,Adv.For Respondent(s) Mr. V.N. Raghupathy,Adv. (NP) UPON hearing counsel the Court made the following O R D E R Pleadings are complete. Post for hearing on a non-miscellaneous day. (Shashi Sareen) (Veena Khera) Court Master Court Master

\220ITEM NO.38 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 PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010(From the judgement and order dated 10/02/2010 in CMWPNo.6545/2005 of The HIGH COURT OF JUDICATURE AT ALLAHABAD)DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With office report )Date: 28/11/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE CYRIAC JOSEPH HON'BLE MRS. JUSTICE GYAN SUDHA MISRAFor Petitioner(s) Mr. S.P. Singh, Sr.Adv. Mr. Ravindra S. Garia,Adv.For Respondent(s) Mr. Lagnesh Mishra, Adv. Mr. V.N. Raghupathy,Adv. UPON hearing counsel the Court made the following O R D E R The petitioner may file Rejoinder Affidavit to the Counter Affidavit filed by Respondent No.7 within four weeks. The other respondents may file Counter Affidavit, if any, within four weeks. Rejoinder Affidavit, if any, may be filed within four weeks thereafter. (Sukhbir Paul Kaur) (Renuka Sadana) Court Master Court Master

0ITEM NO.34 COURT NO.10 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010(From the judgement and order dated 10/02/2010 in CMWPNo.6545/2005 of The HIGH COURT OF JUDICATURE AT ALLAHABAD)DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With office report)Date: 29/08/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE J.M. PANCHAL HON'BLE MR. JUSTICE H.L. GOKHALEFor Petitioner(s) Mr. Ravindra S. Garia,Adv.(N.P.)For Respondent(s) Mr. Lagnesh Mishra, Adv. Mr. V.N. Raghupathy,Adv. Mr. Dillip Kumar Mohanty, Adv. UPON hearing counsel the Court made the following O R D E R Even during the second call, the learned counsel for the petitioner could not remain present to argue the matter. The matter is adjourned by eight weeks. (Neetu Sachdeva) (Sneh Bala Mehra) Sr. P. A. Court Master

æITEM NO.44 REGISTRAR COURT.1 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAHPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With prayer for interim relief )Date: 18/07/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Ravindra S. Garia,Adv.For Respondent(s) Mr. V.N. Raghupathy,Adv. UPON hearing counsel the Court made the following O R D E R List before the Hon'ble Court as per rules. (S.G.SHAH) Registrarhj

æITEM NO.44 REGISTRAR COURT.1 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAHPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With prayer for interim relief )Date: 18/07/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Ravindra S. Garia,Adv.For Respondent(s) Mr. V.N. Raghupathy,Adv. UPON hearing counsel the Court made the following O R D E R List before the Hon'ble Court as per rules. (S.G.SHAH) Registrarhj

&ITEM NO.57 REGISTRAR COURT.1 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M.K. HANJURAPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With prayer for interim relief)Date: 26/04/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Ravindra S. Garia,Adv.For Respondent(s) Mr. V.N. Raghupathy,Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner is present. Vide order dated 21.9.2011, passed by theRegistrar's Court, learned counsel for the petitioner wasdirected for confirming service of the unserved respondent byfiling proof of service before the next date but he has notdone so. Learned counsel for the petitioner seeks two weeks'further time to comply with the terms of the said order.Time, as prayed for, is granted to him, as last chance,subject, however, to the payment of costs to the tune ofRs.500/-. List again on 18.7.2011. (M.K.HANJURA) REGISTRARrd

ITEM NO.43 REGISTRAR COURT.1 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAHPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With prayer for interim relief)Date: 22/09/2010 This Petition was called on for hearing today.For Petitioner(s) Mr. Ravindra S. Garia,Adv.For Respondent(s) Mr. V.N. Raghupathy,Adv. UPON hearing counsel the Court made the following O R D E R As last chance, counter affidavit is to be filedbefore 25.10.2010. Petitioner has to confirm service upon the unservedrespondents by filing proof of service before the next date. (S.G. SHAH) REGISTRARrd

8ITEM NO.93 REGISTRAR COURT.1 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAHPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With prayer for interim relief)Date: 06/08/2010 This Petition was called on for hearing today.For Petitioner(s) Mr. Ravindra S. Garia,Adv.For Respondent(s) Mr. V.N. Raghupathy,Adv. UPON hearing counsel the Court made the following O R D E R Issue fresh notice. Dasti service upon the unserved respondents isallowed, permitted to be served through nearest civil court ortrial court. List again on 20.9.2010. (S.G. SHAH) Registrarrd

@ITEM NO.43 COURT NO.2 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010(From the judgement and order dated 10/02/2010 in CMWP No.6545/2005of the HIGH COURT OF JUDICATURE AT ALLAHABAD)DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and prayer forinterim relief)Date: 03/05/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE S.H. KAPADIA HON'BLE MR. JUSTICE SWATANTER KUMARFor Petitioner(s) Mr. S.P. Singh, Sr.Adv. Mr. Ravindra S. Garia, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. The Court wants to know whether in the present case, relaxation has at all been given as a matter of fact and, consequently, whether the qualification for the concerned post could have been relaxed by the competent Authority? (N. Annapurna) (Madhu Saxena) AR-cum-PS Asstt. Registrar

ªITEM NO.32 COURT NO.2 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil) No(s).10846/2010(From the judgement and order dated 10/02/2010 in CMWP No.6545/2005of The HIGH COURT OF JUDICATURE AT ALLAHABAD)DR. DAYA SHANKAR SINGH Petitioner(s) VERSUSTHE STATE OF U.P. AND ORS. Respondent(s)(With appln(s) for exemption from filing O.T. and prayer forinterim relief)Date: 19/04/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE S.H. KAPADIA HON'BLE MR. JUSTICE SWATANTER KUMARFor Petitioner(s) Mr. S.P. Singh,Sr.Adv. Mr. Ravindra S. Garia,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R The special leave petition shall stand over for two weeks to enable the petitioner herein to place on record the requisite Regulations/Rules. The petitioner has to show, in the present case, whether he was duly qualified to hold the post in question in terms of the Regulations/Rules? [ T.I. Rajput ] [ Madhu Saxena ] A.R.-cum-P.S. Assistant Registrar