Allahabad High Court
Smt. Indrakala Singh vs State Of U.P. And 3 Others on 25 April, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 7090 of 2021
Petitioner :- Smt. Indrakala Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Shailesh Kumar Shukla
Counsel for Respondent :- C.S.C.,Sheo Kinkar Singh
Hon'ble Siddharth,J.
Heard learned counsel for the petitioners and learned Standing Counsel appearing on behalf of the respondents.
Pursuant to the post of Head-Mistress going vacant in the institution, the District Basic Education Officer, Gorakhpur, by the order dated 09.08.2018 granted permission to the petitioners for advertising the aforesaid post. After due advertisement dated 21.10.2018, the District Basic Education Officer, Gorakhpur, sent his nominee to the selection committee for the selection of Head Mistress in the aforesaid institution. The nominee participated in the selection process and thereafter, three members selection committee was constituted and petitioner, Smt. Indrakala Singh, was duly selected. District Basic Education Officer did not granted her salary hence she approached this Court by way of Writ-A No. 208of 2021. The petition was disposed of directing the petitionerto makerepresentation for grant approval of her selection on the post of Head- Mistress. Thereafter, no orders were passed and on the basis of her selection, petitioner was permitted to join the institution on 22.07.2019. Thereafter, by the impugned order dated 15.03.2021 District Basic Education Officer, Gorakhpur, rejected the claim of the petitioner for grant of approval relying by the Government Order dated 31.10.2019 allegedly imposing a ban on filling up the vacancies of Assistant Teacher in recognized and aided Junior High School.
Learned counsel for the petitioner has submitted that the Government order dated 31.10.2019 came into force w.e.f. 31.10.019, but the selection procedure was completed by the Committee of Management and the papers were forwarded to District Basic Education Officer, Gorakhpur on 08.06.2019. He has relied upon the judgment of this Court in the case of Committee of Management Adarsh Janta Madhyamik Vidhyalaya and another Vs. State of U.P., Writ-A No. 10509 of 2019 in the regard, wherein this Court has held that process of selection initiated prior to the date of issuance of the Government Order will not come in the way of approval of such appointment.
Learned Standing Counsel has submitted that on account of coming into force of the aforesaid Government Order, the approval was not granted by the District Basic Education Officer, Gorakhpur.
After hearing rival contentions of the parties, this Court finds that the Government Order dated 31.10.2019 does not bars the selection process which has been completed prior to its coming into force and therefore, argument of the petitioners is required to be accepted.
In view of the judgement in the case of Committee of Management Adarsh Janta Madhyamik Vidhyalaya (supra) the impugned order dated 15.03.2021 passed by District Basic Education Officer, Gorakhpur is, hereby, quashed.
Respondent No.1, District Basic Education Officer, Gorakhpur, is directed to grant approval to the appointment of Smt. Indrakala Singh, on the post of Head Mistress in the institution, namely, Janta Poorv Madhyamik Vidyalaya, Newada, Block Gagaha, District- Gorakhupur, within a period of two weeks from today. Copy of this order shall not be supplied by the petitioners since the respondents are reported by the Standing Counsel.
Smt.Indrakala Singhis entitled for her salary and other service benefits from 08.07.2019, i.e., after one month from the date of submission of papers for approval by the Committee of Management beforerespondent no. 2.
This writ petition is allowed.
Order Date :- 25.4.2022
Rohit
