Allahabad High Court
C/M Arya Madhyamik Vidayalya ... vs State Of U.P. And 3 Others on 4 August, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - A No. - 8404 of 2022
Petitioner :- C/M Arya Madhyamik Vidayalya Kaitha District Kanpur Nagar And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Suresh Chandra Dwivedi
Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner and learned State counsel appearing for respondents No.1 to 4.
The petitioner is the Committee of Management of Arya Madhyamik Vidayalaya Kaitha, Kanpur Nagar, and has approached this Court praying for direction to the District Basic Education Officer, Kanpur Nagar- respondent no.4 to permit the petitioners to advertise the post for selection and appointment on two posts of Peon and one post of Assistant Clerk lying vacant since 2009/2016.
Learned counsel for the petitioners has relied upon the judgment of this Court in the case of Committee of Management, Manorama Kanya Junior High School, Moradabad and another Vs. State of U.P. and 2 others passed in Writ-A No.5418 of 2019 and has submitted that the above writ petition was decided by the following order:-
"34. Consequently, the Government Order dated 15.01.2019, insofar as it declares Class-III and Class-IV posts in junior high schools to be a dead cadre, is found to be wholly arbitrary, irrational, suffering from non application of mind and violative of Articles 14 & 21-A of the Constitution of India as also in teeth of the Act of 2009. The Government Order to that extent, accordingly, stands quashed. All consequential orders passed in the present bunch of writ petitions passed on different dates, declining permission to fill up the posts of Clerks and Class IV employees following the said Government Order, under challenge in the present bunch of petitions, are also quashed.
35. As a consequence, the post in Class III and Class IV cadre, already sanctioned vide Government Order dated 2nd July, 1990, shall continue to exist and it shall be open to the private management to make appointments against it by following the procedure laid down in the Rules of 1984."
Therefore, the petitioner is entitled to advertise the vacancies for the posts which posts are required to be filled at the earliest.
Learned Standing Counsel has placed before this Court the order dated 22.2.2022 passed in Special Appeal Defective No.30 of 2022, whereby the aforesaid judgment of the learned Single Judge has been challenged. However, from the aforesaid order it is clear that no interim order has been granted in favour of the State. The appeal has only been admitted for hearing and directed to be listed for hearing after four months.
The respondent No.4, District Basic Education Officer, Kanpur Nagar is directed to permit the petitioners to advertise two posts of Peon and one post of Assistant Clerk vacant in the institution for last more than 10 years within a period of two weeks from the date of the production of a copy of this order.
However, appointment made on the posts shall be subject to the final outcome of Special Appeal Defective No. 30 of 2022.
The writ petition is allowed.
Order Date :- 4.8.2022
Subodh/-
