Allahabad High Court
Gandhi Smarak Inter College vs State Of U P And 2 Others on 16 May, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 7292 of 2022
Petitioner :- Gandhi Smarak Inter College
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- Mahesh Sharma
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Mahesh Sharma, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.
This writ petition has been filed by the petitioner with the following prayer:-
"I) Issue a writ, order or direction in the nature of mandamus directing the respondents to direct the respondent no.3 and 2 to grant permission or to make appointment through outsource on 6 Class-IV post including post of Sweeper in view of the judgment of Hon'ble Apex Court dated 27.09.2021 passed in Civil Appeal No. 865 of 2021, in Gandhi Smarak Inter College, Doghat, District Baghpat in the interest of justice.
II) Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the representation dated 23.12.2021 filed by the petitioner institution with regard to appointment through outsource on 6 Class-IV post including post of Sweeper in view of the judgment of Hon'ble Apex Court dated 27.09.2021 passed in Civil Appeal No.865 of 2021, in Gandhi Smarak Inter College, Doghat District Baghpat (Annexure no.3) to this writ petition...."
Learned counsel for the petitioner submits that the petitioner is a committee of management of an institution known as Gandhi Smarak Inter College, Doghat District-Baghpat, which is duly recognized and aided institution under the provisions of U.P. Intermediate Education Act, 1921. He further submits that a representation has been given by the petitioner before the respondent no.2 requesting to grant permission or to make appointment through outsource on 6 Class-IV posts including the post of Sweeper, but no decision has been taken till date, hence the present writ petition has been filed.
Learned Standing Counsel for the State-respondents submits that he has no objection, in case, the petitioner makes a fresh application before the authority concerned, the same shall be considered and decided in accordance with law.
Counsel for the parties agree that the writ petition may be disposed of finally at this stage without calling for a counter affidavit specifically in view of the order proposed to be passed today.
Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation along with all the documents so advised as well as certified copy of this order before the respondent nos.2&3, i.e. The Director of Education, Secondary Education, U.P. Allahabad and District Inspector of Schools, District-Baghpat respectively, raising all his grievances within a period of two weeks from today. In case, any such representation is filed by the petitioner, the respondent nos.2&3 shall consider and decide the same, in accordance with law, by reasoned and speaking order, preferably within a period of two months from the date of production of a certified copy of this order if there is no other legal impediment.
Order Date :- 16.5.2022
Jitendra/-
