Allahabad High Court
Principal Kalyankari Inter ... vs State Of U.P. And 3 Others on 12 July, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 1807 of 2021
Petitioner :- Principal Kalyankari Inter College And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Pradeep Kumar Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The petitioners are before this Court with request to issue direction to the respondents to grant permission for filling up three vacant Class-IV posts in Kalyankari Inter College, Chandauk, District Bulandshahr. Further request has been made to issue direction to the fourth respondent/District Inspector of Schools, Bulandshahr to decide the representation dated 15.12.2018.
In support of his submission, learned counsel for the petitioners has placed reliance on the judgement and order of this Court dated 25.11.2020 passed in Writ A No.27163 of 2016 (Amarsen and another vs. State of UP and 2 others), wherein the Court directed as under:-
"23. It has not been brought to this Court's notice that the decisions in Principal, Abhay Nandan Inter College and C/M Lala Babu Baijal Memorial Inter College have not been set aside or stayed by the Supreme Court. It is also not the respondents' case that some Government Order or amendment has been issued that may, in effect, reintroduce the regime envisaged under the Government Order dated 06.01.2011 or Regulation 101, as amended vide Government Order dated 04.09.2013, to the extent these Government Orders/ amended Regulations have been struck down by this Court in Principal, Abhay Nandan Inter College and C/M Lala Babu Baijal Memorial Inter College.
24. The contention put forth by Mr. Upadhyay that notwithstanding the Government Orders/ amendments being struck down, it is the State's policy to hire hands to Class-IV posts in private aided institutions, who cannot, therefore, appoint employees against sanctioned posts in their establishment, is hollow, if not preposterous. Once a Government Order or more so an amendment effected through a Government Order to statutory regulations, that serves as the basis to refuse financial approval, is struck down by this Court as ultra vires, the position as it stood prior to those invalidated Government Orders/ amendments, revives. Under Regulation 101, occurring in Chapter III of the Regulations framed under the Act of 1921, the position that obtains for the present is that a private and aided intermediate institution, governed by the Act of 1921 and Act of 1971, is entitled to appoint Class-IV employees against sanctioned post; and if such employees have been appointed in accordance with law, the competent Authority is bound to grant financial approval to their appointment.
25. Here, the petitioners' claim to grant a financial approval is substantially resisted by respondent nos.1 and 2 on ground that it is contrary to the Government Order dated 06.01.2011 and some other Order dated 15.03.2012. That Government Order and the subsequent Government Order dated 04.09.2013 effecting certain amendment to Regulation 101 (supra) being struck down, the District Inspector of Schools, Basti or any Authority of the State superior to him and competent, cannot refuse financial approval to the petitioners, on the strength of provisions and Government Orders, that stand effaced by judgments of this Court.
26. In the result, this writ petition succeeds and is allowed in part. A mandamus is issued to the District Inspector of Schools, Basti ordering him to consider and decide the petitioners' case for grant of financial approval to their respective appointment as Class-IV employees with the College, strictly in accordance with law, after hearing the petitioners within a period of one month of date of receipt of copy of this order. Costs easy."
Learned counsel for the petitioners further submits that the claim set up by the petitioner Committee of Management is liable to be decided by the District Inspector of Schools, Bulandshahr in the light of the aforesaid order.
Learned Standing Counsel very fairly states that in case the aforementioned matter is pending for consideration, the same will be considered and decided expeditiously.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and without adverting on the merit of the case, the writ petition stands disposed of finally with the direction to the competent authority to decide the claim of the petitioners strictly in accordance with law and in the light of aforesaid judgement in Amarsen (supra), as expeditiously as possible and preferably within two months from the date of production of a copy of this order before him.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.7.2021
RKP
