C/M Adarsh Junior High School And ... vs State Of U.P. And 2 Others
2019 Latest Caselaw 5968 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 10058 of 2019
 

 
Petitioner :- C/M Adarsh Junior High School And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Chandra Bhan Gupta
 
Counsel for Respondent :- C.S.C.,Krishna Kumar Chand
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioners, learned Standing Counsel for respondent Nos. 1 & 2 and Sri K.K. Chand, learned counsel for respondent No. 3.

Learned counsel for the petitioners submitted that there is Junior High School in the name of Adarsh Junior High School, Sirsa Kalar, Block Kuthaon, Jalaun (hereinafter referred to as "School") which is recognized and also added in the list of grant-in-aid. It is next submitted that provisions of U.P. Recognized Basic School (Junior High School) (Conditions of Recruitment & Service of Teachers) Rules, 1978 are applicable to the School. In the said School, there are four posts of Assistant Teachers, one Headmaster, one Clerk and one Peon are sanctioned under the government orders. Post of Headmaster became vacant after retirement of Sri Ram Kumar Mishra on 31.03.2018 thereafter, petitioner submitted an application before respondent No. 3 for permission to fill up the post of Headmaster which was duly accorded on 25.04.2018 by respondent No. 3. Pursuant to that, advertisement was published in newspapers namely Dainik Baskar, Aaj and Hindustan on 27.04.2018. In the mean time, teachers eligibility test qualification became compulsory, therefore, petitioner has obtained fresh permission from respondent No. 3 on 29.05.2019 in compliance of Government Order dated 15.01.2019. After that, again fresh advertisement was issued on 23.05.2019 which was published in newspapers namely Aaj and Dainik Agni Charan. After that, petitioner has written letter dated 15.06.2019 informing respondent No. 3 that pursuant to the advertisement, nine applications are received and requested him to appoint departmental expert to hold the interview on 18.06.2019, but respondent No. 3 has not nominated any departmental expert due to which interview could not be held on 18.06.2019. Thereafter, petitioner has made another request dated 24.06.2019 to appoint departmental expert but till date no departmental expert has been appointed. Lastly, it is submitted that a suitable direction may be issued to respondent No. 3 to pass order on the application of petitioner dated 24.06.2019 and provide departmental expertfor which learned counsel for the respondents have no objection.

Considering the facts and circumstances of the case, this writ petition is disposed of with direction to the respondent no. 3 to pass order on the application of the petitioner dated 24.06.2019 strictly in accordance with law within three weeks from the date of production of certified copy of this order.

It is made clear that this Court has not adjudicated the case on merit. It is upon the respondent no. 3 to pass order after considering the relevant rules as well as government orders occupying the field.

Order Date :- 9.7.2019

Sartaj