Allahabad High Court
C/M Sant Sunderdas Junior High School, ... vs State Of U.P. And 4 Others on 19 August, 2019
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 12859 of 2019 Petitioner :- C/M Sant Sunderdas Junior High School, Agra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Tripathi,Ashok Kumar Upadhyay Counsel for Respondent :- C.S.C.,Ram Bilas Yadav Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent no.1 and Sri Ram Bilas Yadav, learned counsel for the respondent no.2.
Learned counsel for the petitioner submitted that there is an educational institution in the name of Sant Sunderdas Junior High School Bhairo Belganganj, Agra, which is duly recognized and aided Junior High School and provisions of U.P. Junior High Schools (Recruitment and Conditions of service of teachers Rules, 1978 (hereinafter referred to as 'Rules, 1978') is also fully applicable for appointment of Headmaster and Assistant Teachers to the said institution. The said institution is also receiving grant-in-aid. Due to retirement of one Tejpal Headmaster, vacancy of Headmaster fell vacant and petitioner vide letter dated 14.6.2018 sought permission for the appointment on the vacant post, which was granted by respondent no.2 vide order dated 20.6.2018. Petitioner again sought permission for the advertisement to fill up the post of Headmaster/Headmistress in view of Government Order dated 25.7.2018 vide his letter dated 3.10.2018, which was also granted by respondent no.2 vide order dated 10.10.2018. Thereafter, advertisement was issued in Daily Newspapers on 14.10.2018 inviting the applications for eligible and qualified persons fixing date of 29.10.2018. Pursuant to that, several applications have been filed. For constitution of Selection Committee and nominee of respondent no.2 is also required for which petitioner has moved an application dated 29.10.2018, but no action has been taken by the respondent no.2. Thereafter, petitioner moved several representations for appointment of nominee, but till date same has not been appointed due to which selection process could not be completed. Lastly, he submitted that respondent no.2 may be directed to appoint nominee to complete the selection process of Headmaster/Headmistress, which was initiated pursuant to his permission.
Mr. Ram Bilas Yadav, learned counsel for the respondent no.2 submitted that application of the petitioner shall be considered and decided in accordance with law.
Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the respondent no.2 to consider and decide the application of the petitioner dated 29.10.2018 strictly in accordance with law maximum within three weeks from the date of production of certified copy of this order. Petitioner is also given liberty to file fresh representation giving the reference of first application dated 29.10.2018.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.2 to decide the application of the petitioner after considering the Rules and Government Order occupying the field.
Order Date :- 19.8.2019 Junaid