Allahabad High Court
Committee Of Management Sant Kabir ... vs State Of U.P. And 3 Others on 22 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:169379 Court No. - 35 Case :- WRIT - A No. - 13846 of 2023 Petitioner :- Committee Of Management Sant Kabir Acharya Ram Vilas And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyendra Chandra Tripathi Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J.
Heard Sri Satyendra chandra Tripathi, learned counsel for the writ petitioner, who are two in number, Sri Pradeeh Kumar Shahi, learned Additional Chief Standing Counsel, who appears for respondent nos.1 to 4.
The case of the writ petitioners are that there is a society by the name of Satguru Kabir Smarak Sansthan, Sant Kabir Samadhi Asthal, Kabir Chauraha, Maghar, District- Sant Kabir Nagar, which is registered under the Society Registration Act, which runs the petitioner no.1, institution, which is recognized under the provisions of U.P. Intermediate Education, Act, 1921, and the provisions of the U.P. Act No. 5 of 1982 and 24 of 1971, Act stands applicable.
Learned counsel for the writ petitioner submits that recognition was accorded at the level of High School on 10.09.1962. Relevant assertions have been made in paragraph no.14, which stood elevated to Intermediate (Science) with subject Physics, Chemistry and Biology on 26.10.1970 and in 1995 in subject Radio and T.V Automobiles. In paragraph no. 15, it has been asserted that in the year, 1967, recognition was accorded to run 14 subjects. Further, the State Government recognizing the 'Manak' has issued Government Orders dated 20.11.1976 and 25.05.1977 in that regard.
According to the learned counsel for the writ petitioner, the original sanctioned strength was one post of Principal, 14 post of Lecturer, 33 post of L.T. Grade Teacher, one post of Head Clerk, 3 three post of clerk, 13 post of Class IV employees. As per the writ petitioner, an exercise was undertaken pursuant to the orders passed in Writ - A No. 26307 of 2010 (Dhruv Narain Singh vs. State of U.P. and others), wherein now on 29.05.2023, an order has been issued at the level of the State Government, whereby one post of Principal, 7 post of Lecturer, 25 post of L.T. Grade Teacher, one post of Head Clerk, 2 post of Clerk and 8 post of Class - IV employees has been sanctioned.
The grievance of the writ petitioner is that the said sanctioning post is not commensurate to the number of the students so studying in the institution in question as according to him, in total as many as one post of Principal, 14 post of Lecturer, 33 post of L.T. Grade Teacher, 1 post of Head Clerk, 3 post of Clerk and 13 post of Class - IV employees is needed.
Learned counsel for the writ petitioner thus seeks re-determination of the sanctioned strength as well as a conscious decision to be taken with regard to fixation of the 'Manak', which according to the writ petitioner stands governed by the Government Orders dated 20.11.1976 and 25.05.1977 as well as the Government Order 07.09.2022.
Prayer in the present writ petition is for a direction to the respondents to redetermine the sanctioned strength in that regard.
Sri P.K. Shahi, learned Additional Chief Standing Counsel on the other hand submits that the issue as to whether the writ petitioner is legally entitled to be accorded benefits of re determination commensurate to the demands so sought to be made by the writ petitioner needs determination at the first instance by the second respondent, Director of Education (Secondary Education), U.P., Lucknow, who shall address to the claim of the writ petitioner. He submits that the he does not propose to file any response to the writ petition.
Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed of without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the second respondent and the second respondent on the receipt of the same shall proceed to determine the entitlement of the writ petitioner for re-determination of the sanctioned strength in relation to what has been done on 29.05.2023 in accordance with law with the 'Manak' which the writ petitioner claims to be invouge for determination. The said exercise is to be undertaken within a period of three months from the date of the production of the certified copy of the order.
Needless to point out that this Court has not adjudicated upon the merits of the matter, as the writ petition has been decided on the basis of the pleadings set-forth in the writ petition and the arguments advanced by the learned counsel for the parties.
With the aforesaid observations, the writ petition stands disposed off.
Order Date :- 22.8.2023 S Rawat