Allahabad High Court
C/M Adarsh Janta Junior High School And ... vs State Of U.P. And 2 Others on 9 July, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- WRIT - A No. - 4607 of 2020 Petitioner :- C/M Adarsh Janta Junior High School And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kunwar Bhaskar Parihar,Sr. Advocate Sri Radha Kant Ojha Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Radha Kant Ojha, learned Senior Counsel assisted by Shri Kunwar Bhaskar Parihar, learned counsel for the petitioners, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents, Shri Adarsh Kumar, learned counsel for rival committee of management and Shri Vikram Bahadur Singh, learned counsel for respondent no.2 and 3.
The present writ petition has been preferred by the Committee of Management, Adarsh Janta Junior High School through its manager Shri Madan Gopal Verma for a direction commanding the respondent Zila Basic Shiksha Adhikari, Fatehpur (respondent no.3) to provide Observer/Nominee for the purposes of making selection under the provisions of U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules 1978. Further prayer has been made to command the Zila Basic Shiksha Adhikari, Fatehpur (respondent no.3) to pass an appropriate order for granting approval after selection so made under the provisions of the Rules applicable in pursuance of the advertisement dated 20.12.2015.
It appears from the record that Adarsh Janta Junior High School is a recognized institution under U.P. Junior High School (Payment of Salaries of the Teachers and Other Employees) Act, 1978. It is being claimed that petitioner is duly selected Committee of Management under U.P. Basic Education Act 1972 and the service condition of teachers are being governed under the provisions of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service Teachers) Rules 1978 and the payment of salary to the staff is made under the U.P. Junior High School (Payment of Salaries of the Teachers and other Employees) Act 1978. It is being claimed that petitioner-committee of management is duly selected committee of management under the provision or bye-laws of the aforesaid institution running under the control of a Society namely Adarsh Janta Junior High School Society Salhepur, District Fatehpur.
It is informed to the Court that earlier Ram Kumar Verma, who is Secretary of the rival Committee of Management had preferred Writ A no.3248/2016 (Ram Kumar Verma vs. State of U.P. and others), wherein, an interim order was accorded by this Court vide order dated 03.07.2016 with following observations:-
"In this petition the petitioner has challenged an advertisement dated 20th December, 2015 issued by the fifth respondent for appointment on three posts of Assistant Teacher in Adarsh Janta Junior High School, Salhepur, Fatehpur.
On the previous occasion, learned counsel for the petitioner had submitted that the last election of the Committee of Management was held in 2008 but by interpolation in the original records in the office of the Assistant Registrar, Firms, Societies and Chits it has been made as 2006, and the petitioner has filed a writ petition, being Writ-C No. 719 of 2014 (Ram Kumar Verma v. State of U.P. and others) in respect of the election of the Committee of Management.
On the said statement, the record of Writ-C No. 719 of 2014 was summoned to verify the said fact. The records of Writ-C No. 719 of 2014 indicate that the original records were summoned from the office of the Assistant Registrar, Firms, Societies and Chits, Allahabad, which were produced before the Court on 01st April, 2014 and it was found that certain undated documents were inserted in the original records and there was interpolation also. Hence, the Court had directed the Assistant Registrar, Firms, Societies and Chits, Allahabad, who was present in the Court, to file her personal affidavit. In compliance of the said order, the Assistant Registrar had filed her personal affidavit wherein she has admitted that a Clerk of her office had committed mistake and she has tendered unqualified apology in her affidavit. It is also brought on the record that on 10th February, 2014 the Assistant Registrar has issued a direction to all her subordinates that in future no undated documents shall be accepted in the office of the Assistant Registrar and certain other directions were issued.
The order-sheet of Writ-C No. 719 of 2014 also indicates that Sri R.N. Yadav, learned Advocate, had appeared in the said case on behalf of the third respondent therein and had made a statement on 14th February, 2014 that counter affidavit is under preparation. The order passed by the Court on 14th February, 2014 recording his statement reads as under:
"Sri R.N. Yadav, learned Counsel for the respondents, states that counter affidavit is under preparation. List this case immediately after ten days.
In the meantime, he may serve a copy of the counter affidavit on the learned Counsel for the petitioner. Learned Standing Counsel may also file counter affidavit by that time."
Learned counsel for the petitioner submits that no counter affidavit has been filed in the said writ petition so far in spite of the said statement of Sri R.N. Yadav. Sri R.N. Yadav could not give any satisfactory reply that why the counter affidavit has not been filed in the said writ petition even after two years.
In view of the above, the matter needs consideration.
Sri R.N. Yadav, learned Advocate, is present in the Court. However, he states that in this case his client has not given any instruction to him.
Learned Standing Counsel has accepted notices on behalf of the first, second and fourth respondents. Sri Vikram Bahadur Singh, learned Advocate, has accepted notice on behalf of the third respondent.
Issue notice to the fifth and sixth respondents returnable on 28th March, 2016.
The notices will indicate that they may file their counter affidavit on or before the next date fixed.
At this stage Sri Suresh Chandra Dwivedi, learned Advocate, has appeared and stated that he has received the instructions from the sixth respondent. His memo of appearance is taken on record. He waives the notice of sixth respondent.
All the respondents may file their counter affidavit on or before the next date.
List this case on 28th March, 2016.
Considering the facts and circumstances of the case, it is provided that no selection shall be made in pursuance of the impugned advertisement till the next date of listing.
Writ-C No. 719 of 2014 is de-linked. It may be listed before the appropriate Bench."
Finally, the aforesaid writ petition was dismissed as infructuous vide order dated 03.07.2019.
In this backdrop, Shri R.K. Ojha, learned Senior Advocate states that there is no restrain order barring the petitioners not to carry out any recruitment process. He further submits that there is scarcity of teachers in the institution and in absence of teachers, the students are suffering irreparable loss and as such, this Court may direct the authority concerned to give approval of the selection made by the petitioners.
In the midst of the argument, Shri Adarsh Kumar, learned counsel for the rival committee of management has entered appearance on behalf of Ram Kumar Verma and submits that in the aforesaid writ petition, a recall application is pending consideration. He has also placed reliance on the order dated 08.01.2014 and 16.01.2014 passed in Writ C no.719/2014 (Ram Kumar Verma vs. State of U.P. and others) and submits that there are certain interpolations in the rights and claim set up by the petitioner-committee of management and as such, for all practical purpose, no relief should be extended to the petitioner, otherwise the rights of his client would be jeopardised.
Once an objection is being raised, the Court has proceeded to examine the record and finds that it is admitted situation that so far as signature of the petitioner-committee of managment is concerned, it is verified by the authority concerned and salary and other payment is being disbursed through endorsement of the petitioners. In the present matter, it is also alleged that there is scarcity of teachers in the institution and in absence of staff it is difficult to run the institution. Once there is scarcity of teachers and the petitioners' committee of management has come up with the object to provide staff and teachers so that the institution may run smoothly, in such circumstances, this Court is of the considered opinion that the situation should not perpetuate for indefinite period.
In the interest of justice, it would be appropriate let the parties may appear before the Zila Basic Shiksha Adhikari, Fatehpur (respondent no.3) for redressal of their grievance within two weeks from today and definitely the competent authority would take all remedial measures within the period of six weeks thereafter but certainly after providing opportunity of hearing to all the stake holders.
With these observations, the writ petition is disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 9.7.2020 A. Pandey