Ravikant Hardenia vs State Of U.P. And 3 Ors.
2016 Latest Caselaw 5414 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 
Case :- WRIT - A No. - 38944 of 2016
 
Petitioner :- Ravikant Hardenia
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Namit Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

The case of the petitioner is that papers in respect of his appointment on the post of Principal in Jainmati Ujagarmal Jain Inter College, E-Block, Kavi Nagar, Ghaziabad, which is a recognized minority institution governed by the provisions of U.P. Intermediate Education Act, 1921 and is also on the grant in aid list, has been sent by the management to the Joint Director of Education, Meerut Region, Meerut but, till date, the second respondent (Joint Direction of Education, Meerut Region, Meerut) has taken no decision on the proposal. Therefore, the prayer of the petitioner is that a direction be issued to the second respondent to take appropriate decision on the proposal so sent.

Considering the nature of the prayer made, learned Standing Counsel who represents the respondents 1 to 3 submits that this petition may be disposed of by requiring the second respondent to take an appropriate decision on the papers alleged to have been forwarded before the second respondent.

In view of the above and considering the nature of the order that is being passed, this Court does not find it necessary to issue notice to the 4th respondent and, therefore, with the consent of learned Standing Counsel, this writ petition is disposed of finally at the fresh stage itself by providing that if the petitioner files a comprehensive representation before the second respondent enclosing therewith copy of the documents which have allegedly been forwarded to the second respondent by the 4th respondent, the second respondent shall take an appropriate decision in the matter within a period of eight weeks from the date of filing of such representation along with certified copy of this order. Before taking any such decision, the second respondent shall provide opportunity of hearing to the 4th respondent (Committee of Management, Jainmati Ujagarmal Jain Inter College, E-Block, Kavi Nagar, Ghaziabad).

It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner. The aforesaid exercise shall be completed strictly in accordance with law after verifying the facts from the record as also providing opportunity of hearing to the 4th respondent.

The writ petition stands disposed of.

Order Date :- 22.8.2016

Arvind