C/M, Shri Babu Lal Junior High ... vs State Of U.P. And 3 Others
2019 Latest Caselaw 6594 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 11315 of 2019
 

 
Petitioner :- C/M, Shri Babu Lal Junior High School, Azamgarh, And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anil Kumar Srivastava,Bheem Singh
 
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1, 2 and 3 and Sri B.P. Singh, learned counsel for the respondent no. 4.

Learned counsel for the petitioners submitted that there is an educational institution namely Shri Babu Lal Junior High School, Ajagara, Gajendra Patti, District Azamgarh (hereinafter referred to as Institution) and employees of the Institution are being paid their salary through State Exchequer, as such the provisions of the Uttar Pradesh Recognised Basic Schools (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as Rules, 1978) and regulations framed therein are applicable in the institution. Due to superannuation of Headmaster and one Assistant Teacher, two posts were vacant in the Institution on 31.3.2018 and for fulfilling the same, permission of the respondent no. 4 is required for adevertisement under Rule 7 of Rules, 1978, but no permission was granted for advertisement by respondent no. 4, therefore, petitioners moved an application dated 1.4.2019 and reminder dated 11.6.2019 before the respondent no. 4 for grant of prior permission, which is still pending. He lastly submitted that a suitable direction may be issued to respondent no. 4 to consider and decide the application of the petitioenrs and grant prior permission for appointment of Assistant Teacher in the Institution within the stipulated period.

Sri B.P. Singh, learned counsel for the respondent no. 4 submitted that representation of the petitioners shall be considered and decided in accordance with law at the earliest.

Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no. 4 to consider and decide the application of the petitioners strictly in accordance with law within two weeks from the date of production of certified copy of this order. The petitioners are given liberty to file photostat copy of the application dated 11.6.2019 alongwith certified copy of this order before the respondent no. 4.

It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.4 to decide the case of the petitioners after considering the relevant Rules and Government Order occupying the field.

Order Date :- 1.8.2019

Rmk.