C/M, Mirza Anwar Baig Inter ... vs State Of U.P. And 4 Ors.
2016 Latest Caselaw 5888 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 43881 of 2016
 

 
Petitioner :- C/M, Mirza Anwar Baig Inter College And Anr.
 
Respondent :- State Of U.P. And 4 Ors.
 
Counsel for Petitioner :- Gautam Baghel
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Heard learned counsel for the petitioner; and the learned Standing Counsel for the respondent nos.1 to 4.

Considering the nature of the order that is being passed, this Court does not consider it necessary to issue notice to the respondent no.5, therefore, with the consent of learned Standing Counsel the petition is being disposed of finally.

It is the case of the petitioners that the Management of an Institution named Mirza Anwar Baig Inter College, Usrahata Shahganj, Jaunpur, which is claimed to be a recognized, aided and a minority institution governed by the provisions of U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder, has proceeded to resolve to appoint an Assistant Clerk in the Institution and the papers regarding appointment have been forwarded to the District Inspector of Schools, Jaunpur for approval. Attention of the Court has been invited to page 39 of the paper book so as to demonstrate that the requisite papers in respect of the appointment have been served in the office of the District Inspector of Schools, Jaunpur on 19.05.2016. The grievance of the petitioner is that no decision has yet been taken by the fourth respondent on the aforesaid papers. It is thus the prayer of the petitioner that a direction be issued to the fourth respondent to take a decision on the papers with regards approval to the appointment of the fifth respondent (Assistant Clerk) in the Institution.

Considering the nature of the prayer, this writ petition is disposed of giving liberty to the petitioner to file a comprehensive representation before the fourth respondent in respect of approval to the resolution proposing to appoint respondent no.5 annexing therewith copy of the previous application filed in that regard. If any such representation is filed along with certified copy of this order before the fourth respondent (District Inspector of Schools, Jaunpur), the fourth respondent (District Inspector of Schools, Jaunpur) shall take an appropriate decision on the same, preferably, within a period of six weeks from the date of filing of such representation. It is made clear that this Court has not expressed any opinion on the merits of the selection process/eligibility of the candidate proposed to be appointed which shall be considered, strictly in accordance with law, after verifying the facts from the record.

Order Date :- 16.9.2016

AKShukla/-