Allahabad High Court
C/M Swargiya Gaya Prasad Verma Smarak ... vs State Of U.P. And 3 Others on 5 January, 2021
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - A No. - 13557 of 2020 Petitioner :- C/M Swargiya Gaya Prasad Verma Smarak Krishak Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Singh,Gautam Baghel Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J.
The petitioner Committee is aggrieved by a refusal on the part of the respondents to accord approval to the selection and appointment made by the petitioners. The claim of the petitioner for grant of approval to the selections made has been refused solely on the basis of the Government Order of 30 October 2019. Noticing that the aforesaid Government Order applied only to the 26 institutions mentioned therein, this Court had noted the statement of the learned Advocate General made on 14 December 2020 in C/M Of Sri Kissan Vidyapeeth Inter College Daleep Pur. Auraiya, And Another Vs. State of U.P. And 4 Others, Writ -A No. 927 of 2020 in the following terms:
"On 26 November 2020 while considering the broader issues in Writ A No. 381 of 2020 relating to recruitment and appointment to Class III/IV posts, Teachers, Headmasters and Principals in Basic and Secondary educational institutions, the Court had noted the statement made on behalf of the State that the Government Order of 30 October 2019 stands restricted in its application to the 26 institutions which are mentioned therein and that the same did not constitute a fetter insofar as other secondary educational institutions are concerned. It was in that light that Ms. Archana Singh the learned Additional Chief Standing Counsel was required to submit a list of all matters tagged with Writ A 381 of 2020 which could be disposed of. The list of matters has been submitted and it is in that backdrop that this petition and other similar matters are taken up for disposal.
In view of the factual position noted above, the learned Advocate General contends that the orders impugned either refusing to accord approval or a failure to take further action in light of the Government Order of 30 October 2019 would not sustain.
In view of the aforesaid, this petition shall stand disposed of with a direction to the competent authorities to consider the prayer for approval as addressed by the petitioners afresh and in accordance with law. The issue of consideration of approval shall neither be rejected nor refused based on the Government Order dated 30 October 2019. The orders under challenge, if any, insofar as they refuse to accord approval in light of the aforesaid Government Order shall stand set aside."
Accordingly and in view of the aforesaid, the instant writ petition is allowed. The impugned orders dated 22 January 2020 as well as the consequential order dated 31 January 2020 are quashed and set aside. The respondents shall consequently take a fresh decision with respect to the claim for approval as laid by the petitioners in accordance with law. The Court only clarifies that the approval as sought shall not be refused solely on account of the Government Order of 30 October 2019 which in any case as per the stand of the State noted above has no application to the petitioner institution.
Though needless to state, it is clarified that all other contentions of respective parties on merits, other than what has been noted above, are kept open.
Order Date :- 5.1.2021 Arun K. Singh (Yashwant Varma, J.)