Allahabad High Court
C/M Satyaram Janta Inter College ... vs State Of U.P. And 3 Others on 22 March, 2021
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 2987 of 2021
Petitioner :- C/M Satyaram Janta Inter College And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Om Prakash Singh,Gautam Baghel
Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The controversy involved in this petition centers around the power of the State-authorities in witholding the permission to the Education Institution to fill up the vacant position of assistant clerk in the institution.
The controversy has arisen only on account of the Government Order issued by the State Government on 30.10.2019 and a consequential order dated 4.11.2019. Two types of cases have come up before this Court for the adjudication:
A. Cases in which the selection process had already been undergone, and
B. Cases where the committee of management is still in search of prior approval for filling up of the vacancies of the assistant clerk going to the Regulation 101 of Chapter III of Intermediate Education Act, 1921.
Earlier this Court in the case of Committee of Management Sri Gopal Kanhaiya Lal Inter College and another vs. State of U.P. and 3 others in Writ A No.7981 of 2020 has passed a detailed order considering the legal positions.
This Court as recorded in its judgment passed in Writ A No. 381 of 2020 had directed learned Advocate General to assist the Court as to whether any rules have been framed pursuant to the Government Order or not and what is the legal position after issuance of the Government Order which admittedly could not have over-riden the statute.
It appears that learned Advocate General later on assisted the Court and apprised it that the Government had a concern qua list of 25 institutions only and in the rest of the cases the respective committees of management could have sought necessary prior approval and the permission/prior approval shall be dependent upon the facts of each case.
In such above view of the matter, therefore, this Court in Writ A No.927 of 2020 C/M Gram Swawlambi Higher Secondary School vs. State of U.P. and 2 others has passed an order on 14.2.2021 and the concluding paragraphs of the said order run as under:
"In view of the factual position noted above, the learned Advocate General contends that the orders impugned either refusing to accord approval or a failure to take further action in light of the Government Order of 30 October 2019 would not sustain.
In view of the aforesaid, this petition shall stand disposed of with a direction to the competent authorities to consider the prayer for approval as addressed by the petitioners afresh and in accordance with law. The issue of consideration of approval shall neither be rejected nor refused based on the Government Order dated 30 October 2019. The orders under challenge, if any, insofar as they refuse to accord approval in light of the aforesaid Government Order shall stand set aside.
Though needless to state, it is clarified that all other contentions of respective parties on merits, other than what has been noted above, are kept open."
Learned Standing Counsel submits that the matter in hand can also be directed to be re-examined by the Director of Secondary Education in view of the stand taken in Writ A No.927 of 2020.
Accordingly, the order dated 15.11.2019 passed by the Director of Education (Secondary) is hereby quashed and the writ petition stands allowed.
The matter is remitted to the Director of Education (Secondary), Lucknow to re-examine the issue in the light of the observations made in Writ A No.927 of 2020 and pass appropriate order regarding prior approval/permission within a period of two weeks, if otherwise there is no legal impediment.
Order Date :- 22.3.2021
Deepika
