Allahabad High Court
C/M, Sri Kisan Vidyapeeth Inter College ... vs State Of U.P. And 3 Others on 19 October, 2019
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- WRIT - A No. - 16268 of 2019 Petitioner :- C/M, Sri Kisan Vidyapeeth Inter College Daleep Pur, Aurraiya, And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record.
At the very outset, learned counsel for the petitioner and the learned Standing Counsel agree that the controversy involved in the present writ petition is fully covered by a decision of this Court dated 24.9.2019 passed in writ petition no. 14543 of 2019 (C/M Shri Bachchu Ram Heeralal Uchchtar Madhyamik Vidyalay, Ballia and other vs. State of U.P. and others). The said judgement dated 24.9.2019 is quoted hereinunder:-
"Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The petitioner no. 1 is a Committee of Management of an aided Intermediate College namely Shri Bachchu Ram Heeralal Uchchtar Madhyamik Vidyalay, Chhata, Ballia.
It is submitted that there is one sanction post of Class-III in the institution and such post is to be filled by promotion. It is further submitted that there are 9 sanction posts of Class-IV out of which 4 Class-IV employees are working today and none of the existing Class-IV employee have requisite qualification for being promoted on Class-III post.
Learned counsel for the petitioners has relied upon a decision in the case of Munna Lal Vs. Devendra Bahadur Singh Chandel and others, reported in (2007) 3 UPLBEC 2728 to impress upon the Court that where no candidate from the feeding cadre is qualified then such post can be filled by direct recruitment. The petitioner has forwarded the papers to the D.I.O.S., who in turn has to forward to the Director for grant of permission for filling up such post, but the D.I.O.S. has not even forwarded the paper, quoting an order dated 03.06.2019 passed by the Director that no appointment should be made in Class-III due to unenforceable reason. This Court in various other cases as well as in Writ Petition no. 9953 of 2019 by a judgment and order dated 24.07.2019 has directed the authority to proceed ignoring the order dated 03.06.2019.
I have considered the submissions of the learned counsel for the petitioner as well as learned Standing Counsel.
The claim of the petitioner is squerly covered by the decision in the case of Committee of Management Sri Lakha Inter College, Mathura Vs State of U.P. and others in Writ Petition no. 9953 of 2019.
As such, the writ petition is disposed of with the direction to the D.I.O.S. to verify from amongst Class-IV employees in the institution whether any Class-IV employee possesses requisite qualification of 5 years experience with CCC Certificate and knowledge of typing. In case there is no Class-IV employee is available to be promoted in view of the decision in the case of Munna Lal Vs. Devendra Bahadur Singh Chandel and others, reported in (2007) 3 UPLBEC 2728, he will forward the papers before the Director for further action. The said action shall be taken by the D.I.O.S. in accordance with law, as far as possible, within a period of two months from the date a certified copy of this order is presented before it."
Consequently, the present petition is also disposed of in terms of the aforesaid judgement dated 24.9.2019 as quoted above.
Order Date :- 19.10.2019 Lalit Shukla