Allahabad High Court
C/M Inter College Betabar And ... vs State Of U.P. And 3 Others on 23 June, 2021
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 81
Case :- WRIT - A No. - 1793 of 2021
Petitioner :- C/M Inter College Betabar And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Awadhesh Kumar Malviya
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. A.K. Malviya, learned counsel for the petitioners and Mr. Vimla Prasad, learned Standing Counsel for the State-respondents.
By means of the present writ petition, following relief have been prayed for:
"(a) To, issue a writ, order or direction in the nature of certiorari quashing the order impugned dated 06.08.2020 passed by the respondent no.2 (Annexure-2 to the writ petition).
(b) To, issue a writ, order or direction in the nature of mandamus directing the respondents to grant prior permission to fill up the post of the class-III employee to the petitioner, within stipulated period.
(c) To, issue any other writ, order or direction, which this Hon'ble court may deem fit and proper in the facts and circumstance of the case.
(d) To, award the cost of petition in favour of the petitioner."
Learned counsel for the petitioner states that by means of the order impugned in the present writ petition dated 6th August, 2020, the Director of Education (Madhyamik), U.P. at Lucknow (respondent no.2), on the basis of Government Order dated 30th October, 2019, has rejected the claim of the petitioner for seeking prior permission to fill up the vacancies on Class-III and Class-IV posts, which are vacant in the petitioner's institution by direct recruitment, which is per se contrary and illegal.
Apart from the above, learned counsel for the petitioner states that the facts and legal issue involved in the present writ petition are squarely covered by the judgment of a Coordinate Bench of this Court dated 14th December, 2020 passed in Writ-A No. 927 of 2020 (Committee of Management of Sri Kissan Vidyapeeth Inter College Daleep Pur, Auraiya & Another Vs. State of U.P. & 4 others). He, therefore, prays that this petition be also decided in terms of the judgment of the coordinate Bench dated 14th December, 2020.
Mr. Vimla Prasad, learned Standing Counsel submits that the petitioner's institution does not come within 26 institutions of which approval/order for giving prior permission to fill up the vacancies by direct recruitment on the applications of the 26 institutions has been restricted by the Government Order dated 30th October, 2019. However, he fairly admits that since the facts and legal issue involved in the present petition are more or less identical to that of the case of Committee of Management of Sri Kissan Vidyapeeth Inter College Daleep Pur, Auraiya, the same be also decided in terms of the judgment dated 14th December, 2020 passed in the aforesaid case.
Considering the submission made by the learned Standing Counsel that the petitioner's institution does not come within 26 institutions as also the observations made by the Coordinate Bench in its judgement dated 14th December, 2020, the present writ petition is allowed. Order impugned in the present writ petition dated 6th August, 2020 is hereby set aside. The authority concerned shall decide the application of the petitioner afresh, by means of a reasoned and speaking order, in accordance with the observations made by the Coordinate Bench dated 14th December, 2020 referred to above, preferably within two months from the date of production of a computerised copy of this order as also the judgement dated 14th December, 2020.
(Manju Rani Chauhan, J.)
Order Date :- 23.6.2021
Sushil/-
