Allahabad High Court
Committee Of Management Subhash Laghu ... vs State Of U.P. And 2 Others on 27 March, 2023
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 5179 of 2023 Petitioner :- Committee Of Management Subhash Laghu Madhyamik Vidyalaya Gambhir Van Azamgarh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawan Prakash Shukla,Manoj Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashutosh Srivastava,J.
Heard Sri M. K. Mishra, learned counsel for the petitioner and learned Standing Counsel for the State-Respondent Nos.1 to 3.
The petitioner, a Committee of Management of Subhash Laghu Madhyamik Vidyalaya, Gambhir Van, Azamgarh, has approached this Court through its Manager seeking issuance of a Writ of Mandamus commanding the Respondent No.3, District Basic Education Officer, Azamgarh, to grant prior permission to the petitioner for initiation of recruitment process in respect of the vacant Class-4 posts as per the provisions of 1984 Rules. A further prayer for deciding the representation dated 14.03.2022 by speaking order within time stipulated by this Court has also been prayed for.
It is contended by Sri M. K. Mishra, learned counsel for the petitioner that permission to the petitioner's Committee of Management is not being accorded by the Respondent No.3 on the ground that Class-4 post have been declared a dying cadre vide Government Order dated 15.01.2019. The said Government Order dated 15.01.2019 was challenged in Writ (A) No.5418 of 2019 (Committee of Management, Manorma Kanya Junior High School, Moradabad and another Vs. State of U.P. & 2 others) which writ petition was allowed with following observations:-
"34. Consequently, the Government Order dated 15.01.2019, insofar as it declares Class-III and Class-IV posts in junior high schools to be a dead cadre, is found to be wholly arbitrary, irrational, suffering from non application of mind and violative of Articles 14 & 21-A of the Constitution of India as also in teeth of the Act of 2009. The Government Order to that extent, accordingly, stands quashed. All consequential orders passed in the present bunch of writ petitions passed on different dates, declining permission to fill up the posts of Clerks and Class IV employees following the said Government Order, under challenge in the present bunch of petitions, are also quashed.
35. As a consequence, the post in Class III and Class IV cadre, already sanctioned vide Government Order dated 2nd July, 1990, shall continue to exist and it shall be open to the private management to make appointments against it by following the procedure laid down in the Rules of 1984."
It is also contended that the aforesaid order dated 24.09.2021 allowing the writ petition has been subjected to Special Appeal Defective No.30 of 2022, however, no interim protection has been granted and, therefore, there is no impediment for the respondents to accord approval to fill up the Class-4 vacancies. He submits that in this regard the petitioner has already preferred a representation to the District Basic Education Officer, Azamgarh on 14.03.2022 andthe purpose of filing this writ petition would be served if the Respondent No.3, District Basic Education, Azamgarh, is directed to pass appropriate orders on the pending representation of the petitioner within time fixed by this Court.
Learned Standing Counsel for the State Respondents has no objection to the aforesaid proposition and submits that the permission if accorded by the Respondent No.3 shall be subject to the outcome of the Special Appeal Defective No.30 of 2022.
Considering the submissions advanced, this Court is of the opinion that no useful purpose would be served by keeping the writ petition pending and the the reliefs as claimed in the writ petition can be addressed by the Respondent No.3 in light of the decision of this Court rendered in Writ (A) No.5418 of 2019 (Committee of Management, Manorma Kanya Junior High School, Moradabad and another Vs. State of U.P. & 2 others).
In such view of the matter, the writ petition is disposed of by requiring the Respondent No.3, District Basic Education Officer, Azamgarh, seized with the representation of the petitioner, to pass appropriate orders thereon after considering all aspects of the matter in light of the decision rendered in Writ (A) No.5418 of 2019 (Committee of Management, Manorma Kanya Junior High School, Moradabad and another Vs. State of U.P. & 2 others), strictly in accordance with law, expeditiously preferably within a period of 45 days from the date of service of a certified copy of this order.
Needless to say that such permission will be subject to final outcome of the Special Appeal Defective No.30 of 2022.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 27.3.2023 pks