Allahabad High Court
C/M Falah-E-Darain Thru Manager And ... vs State Of U.P.And3 Ors. on 13 December, 2019
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- WRIT - A No. - 47499 of 2013 Petitioner :- C/M Falah-E-Darain Thru Manager And Anr. Respondent :- State Of U.P.And3 Ors. Counsel for Petitioner :- Pradeep Verma,J.P. Singh,M.A. Zaidi,Mazhar Abbas Zaidi Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri J.B.Singh, learned counsel for petitioners and learned standing counsel for respondent nos.1 to 4.
This writ petition has been filed assailing order dated 13.4.2013, passed by respondent no.4.
Petitioner no.1 is Committee of Management of Intermediate and Primary Institution, which is a recognized minority institution. According to petitioner, there are 21 sanctioned posts of teachers in Primary Section attached to Intermediate College.
On 30.6.2012, an Assistant Teacher of Primary Section, Sri Mahfooz Hasan Shah, attained the age of superannuation. Similarly on 30.6.2012 one Smt. Sarfaraz Khanam retired as an Assistant Teacher. Thus, there stood two vacancies of Assistant Teachers in the institution in question.
According to petitioner, Manager of the institution, on 21.6.2011, applied for grant of permission to fill the post, which had fallen vacant due to retirement of Sri Mahfooz Hasan Shah and the vacancy which was going to occur on retirement of Smt. Sarfaraz Khanam. Petitioners proceeded and an advertisement was published in Amar Ujala on 15.7.2012 and another advertisement was published in Dainik Jagran on 24.1.2012. Pursuant thereof interviews were held and two teachers were selected by the Selection Committee and their names were forwarded to respondent no.4 for approval.
Respondent no.4, on 13.4.2013, refused to grant approval and returned the file on various grounds stating that there were 21 sanctioned posts of primary teachers, while strength of the institution, on the basis of inspection dated 9.4.2013, was found to be 315 and in view of office letter dated 6.7.2011, the teachers and students ratio has been fixed 1:40. Thus, there were surplus post of teachers in the institution in question. Secondly, respondent no.4 found that publication was made only in one daily newspapers whereas requirement was for two newspapers, one in English and one in Hindi.
The institution in question on 20.4.2013 filed a representation before respondent no.4 clarifying the stand of the institution and objection so raised by District Inspector of Schools in not granting approval to Selection of the two Assistant Teachers and returning back the file. Relevant documents also accompanied the said application.
Sri J.B.Singh, learned counsel has placed reliance upon Government order dated 25.5.2012 wherein directions have been provided for grant of approval to the selection of the teachers in Primary Sections, but respondent no.4 has not followed the directions so placed in Government Order and proceeded to record his own finding in refusing to accord approval to petitioners' institution.
Per contra, learned standing counsel submitted that respondent no.4 refused to grant approval to two Assistant Teachers selected by the institution on the ground that, on inspection on 9.4.2013, it was found that total number of students which were registered in the institution were 579 out of which 315 students were present. He further submitted that procedure as laid down for selection was not followed by the institution, as such, order impugned has been rightly passed.
Heard learned counsel for the parties and perused the material on record..
It is not in dispute that two vacancies occurred in the institution in question in the year 2012. The institution informed respondent no.4 and proceeded to make selection after duly advertising the post in two daily news papers, Dainik Jagran and Amar Ujala.
Reliance placed by counsel for petitioners on Government Order dated 25.2.2012 provides the procedure for grant of approval in respect of selection made of the teachers in the Primary Section.
I find that the said Government Order only prescribes that District Inspector of Schools shall only consider the present strength of the institution in question after inspection, but, it no where records that strength already sanctioned could be reduced. Further, there is no condition for publication of advertisement in one daily newspaper in Hindi and one in English, as in the present case the institution in question had made publication in two daily news papers having wide circulation,i.e., Amar Ujala and Dainik Jagran.
The institution in question thereafter, on 20.4.2013, had filed a detailed representation annexing all documents so as to bring to notice of respondent no.4 their objection to the returning of file for approval on 13.4.2013.
In view of the above, I am of the opinion that the order passed by respondent no.4 on 13.4.2013 is unsustainable and is hereby quashed and matter is remitted back to him to decide the question of grant of approval to selection of two Assistant Teachers made by petitioner institution. Considering Government order dated 25.5.2012, it is expected that respondent no.4 shall complete the entire exercise within three months after affording opportunity of hearing to the institution in question by a reasoned and speaking order from the date of production of a certified copy of this order.
Writ petition stands partly allowed.
Order Date :- 13.12.2019 AKJ