Allahabad High Court
C/M Avadhan Singh Junior High School And ... vs District Basic Education And 2 Others on 21 July, 2022
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - A No. - 10424 of 2022 Petitioner :- C/M Avadhan Singh Junior High School And Another Respondent :- District Basic Education And 2 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C. Hon'ble Vivek Varma,J.
Heard Sri Indra Raj Singh, learned counsel for the petitioners, and learned Standing Counsel, who appears for the respondents and who has been provided an additional copy of the writ petition.
"I. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1- District Basic Education Officer, Gorakhpur to grant financial approval to the selection and appointment of the petitioner no. 2 on the post of the Head Master of the institution namely Avadhan Singh Junior High School, Nagva, Kaudiram, Gorakhpur and pay salary to him along with arrears within stipulated time as may be fixed by this Hon'ble Court."
It is submitted that on 07.11.2016 the post of Headmaster in Avadhan Singh Junior High School, Nagva, Kaudiram, Gorakhpur fell vacant on account of retirement of one Sri Ram Nath Maurya. To fill up the said post the Manager of the institution sought permission from the District Basic Education Officer, who granted permission to petitioner no. 1 and accordingly, an advertisement was issued in daily newspapers. After the nominee was provided by the District Basic Education Officer, the selection proceedings were held and the petitioner no. 2 was found to be the most suitable candidate for the post. Thereafter the papers pertaining to selection of petitioner no. 2 were forwarded to the District Basic Education Officer for approval who made certain queries with regard to the selection. The petitioner no. 1 submitted the reply and thereafter the matter is pending before the respondent no. 1 and no order has been passed till date.
Learned Standing Counsel submits that no useful purpose would be served by calling for counter affidavit and keeping this writ petition pending. He further submits that the claim of the petitioners shall be considered by the authority concerned and appropriate orders shall be passed within a stipulated period.
Considering the facts and circumstances of the case, without entering into merit, with the consent of the parties, this writ petition is disposed of with a direction to the District Basic Education Officer, Gorakhpur, respondent no. 1, to consider and decide the claim of the petitioners by passing an appropriate reasoned and speaking order in accordance with law expeditiously, preferably within a period of four months from the date of presentation of a certified copy of this order.
Order Date :- 21.7.2022 SKT/-