Allahabad High Court
C/M, Dwivedi Mahadev Prasad Purva ... vs State Of U P And 2 Others on 17 November, 2022
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- WRIT - A No. - 18553 of 2022 Petitioner :- C/M, Dwivedi Mahadev Prasad Purva Madhyamik Viddyalay And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Pradeep Kumar Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Ashutosh Srivastava,J.
Heard learned counsel for petitioner and learned State counsel appearing for the Respondent Nos.1 to 4.
The petitioner is the Committee of Management of Dwivdi Mahadev Prasad Purva Madhyamik Vidyalay, Yagyasthal Mahila, District Kaushambi and has approached this Court praying for direction to the Respondent No.3, District Basic Education Officer, Kaushambi, to permit the petitioners to advertise the post for selection and appointment on one post of Clerk and two posts of Peon lying vacant in the institution in question.
Learned counsel for the petitioners has relied upon the judgment of this Court in the case of Committee of Management, Manorama Kanya Junior High School, Moradabad and another Vs. State of U.P. and 2 others passed in Writ-A No.5418 of 2019 and has submitted that the above writ petition was decided by the following order:-
"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."
Therefore, the petitioner is entitled to advertise the vacancies for the posts which posts are required to be filled at the earliest.
Learned Standing Counsel has submits that the order dated 22.2.2022 passed in Special Appeal Defective No.30 of 2022, whereby the aforesaid judgment of the learned Single Judge has been challenged. However, from the aforesaid order it is clear that no interim order has been granted in favour of the State. The appeal has only been admitted for hearing and directed to be listed for hearing after four months.
The Respondent No.3, District Basic Education Officer, Kaushambi, is directed to permit the petitioners to advertise one post of Clerk and two posts of Peon vacant in the institution within a period of two weeks from the date of the production of a copy of this order.
However, appointment made on the posts shall be subject to the final outcome of Special Appeal Defective No. 30 of 2022.
The writ petition is allowed.
Order Date :- 17.11.2022 Ravi Prakash