Allahabad High Court
PRATIBHA TRIVEDIversusDISTRICT INSPECTOR OF SCHOOLS AND OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The court held that adjournment cannot be granted on the illness of one counsel among many and dismissed the writ petition as devoid of merit.
Summary
The petitioner, Pratibha Trivedi, filed a writ petition challenging the appointment of seven teachers in a primary section despite low student numbers, and sought an adjournment citing the illness of one of six counsels. The court noted that only one counsel was ill while five others were available, and relied on a prior Division Bench decision rejecting adjournment in similar circumstances. The Joint Director of Education was directed to file an affidavit explaining the basis for the teacher requirement and the statutory procedure for appointments, which he did. The court found the affidavit unconvincing and concluded that the petition lacked merit. Additionally, no counsel appeared to argue the case on the revised call. Consequently, the writ petition was dismissed for lack of merit.
Issues considered
- Whether the court should grant an adjournment on the ground of illness of a single counsel when multiple counsels are listed for the petitioner.
- Whether the petitioner is entitled to relief challenging the appointment of teachers in the primary section of the institution.
- Whether the petition is maintainable in the absence of counsel to present arguments on the revised call.
Subjects
- adjournment
- writ petition
- appointment of teachers
- procedural law
- high court
- dismissal for lack of merit
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 21183 of 2010
Pratibha Trivedi
.....Petitioner(s)
Versus
District Inspector Of Schools And Others
.....Respondent(s)
Counsel for Petitioner(s) : Anjani Kumar Mishra, Arpit Mishra,
Ms. Rashmi Tripathi, Punit Khare,
V.Bajpai, Vinod Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. There is illness of Mr. Arpit Mishra, learned counsel for the
petitioner. However, there are six counsels in this petition on behalf
of the petitioner and no one is present to assist the Court. The latest
Vakalatnama on behalf of the petitioner has been filed by Ms.
Rashmi Tripathi, Advocate, but she is also not present even in the
revised call.
2. There are more than one counsels and only one of them has sought
adjournment on the ground of illness, therefore, the Court would be
justified not to accept the request for adjournment. A Division Bench
of this Court in Special Appeal No.887 of 1997, Ashwani Kumar
Vs. D. Sen Gupta and others, reported in MANU/UP/2279/2008
in somewhat similar circumstances taking the same view rejected
request for adjournment observing as under:-
"Since names of number of counsels are printed in the cause list for the appellant and,
therefore, we are not inclined to adjourn this matter only on the ground of illness of
one out of five learned counsels for the appellant"
3. In view of the aforesaid judgement passed by Division Bench of
this Court, the Court cannot adjourn the matter on the illness of one
out of six counsels shown on behalf of the petitioner.
4. The matter is of the year 2010.
WRIA No. 21183 of 2010
2
5. From perusal of the order sheet, it transpires that the original
records were called for from the Joint Director of Education,
Allahabad Region, Allahabad, who was also directed to appear
before the Court on the said date along with his personal affidavit.
The matter was thereafter posted for 13.05.2010, and the learned
Standing Counsel was directed to retain the original records.
6. Perusal of the record reveals that in compliance with the order
dated 11.05.2010, the concerned Joint Director of Education was
directed to file an affidavit explaining the following points:-
"A. What was the basis of determination that there was a requirement of seven
teachers in primary section of the institution, specifically when from the report of spot
inspection carried out by the associate District Inspector of Schools, Allahabad it was
found that actual number of total students present was only 36 in all the primary
sections?
B. What procedure is prescribed and what are statutory provisions, which are to be
followed in the matter of appointment of teachers in primary section of an
intermediate college?"
7. From perusal of the record as well as the personal affidavit filed
by Amar Nath Verma, Joint Director of Education, Allahabad
Region, Allahabad, this Court finds no merit in the present matter
and, therefore, the petitioner is not entitled to any relief as prayed
for. Even otherwise, no one is present on behalf of the petitioner to
press the case, despite the matter having been taken up in the revised
call.
8. In view of the above, the writ petition is dismissed being devoid
of merits.
(Mrs. Manju Rani Chauhan,J.)
May 7, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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