Allahabad High Court
C/M Dr Ram Manohar Lohia Inter College ... vs State Of U.P. And 3 Others on 9 January, 2024
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:4348 Court No. - 34 Case :- WRIT - A No. - 19548 of 2022 Petitioner :- C/M Dr Ram Manohar Lohia Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gautam Baghel Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. Petitioner Committee of Management is aggrieved by the order passed by the Director of Education (Secondary), U.P. dated 22.07.2021, whereby, refusal has been made to the prior permission sought by the Committee of Management to fill up one vacant post of Assistant Clerk in the Institution.
3. The argument advanced by learned counsel for the petitioner Sri Gautam Baghel is two fold; (a) that the respondent was not justified in refusing prior permission to fill up the post as required under regulation 101 of Chapter III as was then available on statute namely the Intermediate Education Act, 1921 on the ground that there was a Government Order dated 30.10.2019 not to grant prior permission because the said Government Order was got virtually rendered ineffective in view of the statutory rules and the authority of this Court in the case of Committee of Management of Sri Gopal Kanhaiya Lal Inter College and Another v. State of U.P. & 3 Others being Writ - A No. 7981 of 2020; and (b) now the regulation 101 of Chapter III of Intermediate Education Act, 1921 have come to be amended on 06.01.2022 which is now effective and therefore, now the Director of Education (Secondary) can look into the aspect of prior permission in the light of new amended regulations. Thus, according to him the earlier decision by the authority has become meaningless in the wake of amended regulations coming into force.
4. Learned Standing Counsel has though sought to justify the order passed by the Director of Education (Secondary) but could not dispute that the reason assigned for the order passed in the year 2019 has lost its relevance and significance in view of the new amended regulations 101 coming into force.
5. Having heard learned counsel for the respective parties and their arguments raised across the bar while I find that the order passed by the Director of Education (Secondary) refusing to grant permission to fill up the vacant post of Assistant Clerk in the Institution on the plea that the Government Order dated 30.10.2019 did not enlist the petitioners' Institution is not sustainable in view of the judgment of this Court in Gopal Kanhaiya Lal Inter College (supra) and another judgment of a concurrent bench of this Court in the case of Committee of Management, Shri Bihari Ji Inter College & Anr v. State of U.P. & 3 Ors, Writ - A No. 351 of 2021, I further find that one of the reasons assigned being that the introduction of complete new procedure was there in active consideration of the State Government to bring in more transparency in the matter of selection and appointment, is now not sustainable in view of new procedure coming into force by amending regulation 101 w.e.f. 06.01.2022. Thus, that order dated 22.07.2021 impugned in the writ petition deserves to be set aside.
6. It is admitted position to the parties that the post of Clerk in the Institution is still vacant and is liable to be filled up by direct recruitment.
7. In view of the above, this petition succeeds and is allowed. The order passed by Director of Education (Secondary) dated 22.07.2021 is quashed. The matter is remitted to the Director of Education (Secondary), U.P. to accord fresh consideration to the request of Committee of Management to fill up the post by direct recruitment as per the procedure prescribed under regulation 101 of Chapter III of Intermediate Education Act, 1921 as amended on 06.01.2022.
8. In the circumstances, petitioner shall be making a fresh application in the light of the amended provisions within a period of four weeks which shall be disposed of in terms of the relevant regulations by the Director of Education within a further period of 30 days.
9. There will be no order as to cost.
Order Date :- 9.1.2024 IrfanUddin