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Judgment
R.K. Agarwal, J.—The contention of the petitioner is that he is entitled for being appointed as Assistant Teacher under the provision of Dying in Harness Rules as this Court in Special Appeal No. 510 of 1998,Ashok Kumar v. State ofU.P. and others, decided on 122000, had held that the persons can be appointed on the post of teacher under the provisions of Dying in Harness Rues. The District Basic Education Officer has declined to consider the application of the petitioner on the ground that the Government order dated 6199 specifically prohibits giving appointment on the post of teachers under the provisions of Dying in Harness Rules. A perusal of the Government order dated 6199 shows that it has been issued in pursuance of an order passed by this Court in Writ Petition No. 415 of 1998, decided on 27498. However, the said judgment has been set aside in special appeal, which is reported in 2000 (1) LBESR 199 (All).
Heard learned Counsel for the petitioner and the learned standing Counsel representing the respondents.
Since the Government order dated 6199 which has been made the basis for not considering the application of the petitioner is based on the decision of this Court in the case of Sanjeev Kumar, which has been set aside in special appeal by this Court, referred to above, the impugned order cannot be sustained and is hereby quashed.
The District Basic Shiksha Adhikari, Siddharth, Nagar is directed to decide the application of the petitioner expeditiously preferably within a period of 3 months from the date of production of the certified copy of this order before him.