Allahabad High Court
C/M Janta Purva Madhyamik ... vs State Of U.P. And 3 Others on 16 May, 2022
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 3412 of 2021
Petitioner :- C/M Janta Purva Madhyamik Vidyalaya And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Adarsh Singh, learned counsel for the petitioner and Mr. S.C. Upadhyay, learned Counsel for the State-respondents.
The petitioner is the Committee of Management of Balika Purv Madhyamik Vidhyalaya, Ratanpura, Mau, and has approached this Court praying for direction to the respondent no. 4, District Basic Education Officer, Mau, to permit the petitioner to advertise the post for selection and appointment on the post of clerk lying vacant since 01.02.2015.
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 vacancy for the post of clerk, which post is required to be filled at the earliest.
Learned Counsel for the State-respondents has received the instructions and a copy of the same has been placed before this Court, which is taken on record. Learned counsel for the state-respondents has also 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 order dated 22nd February, 2022 which has been placed by the learned Standing Counsel, 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, Mau is directed to permit the petitioner to advertise the post of clerk vacant in the institution for last more than 3 years within a period of two weeks from the date of the production of a copy of this order downloaded from the official website of Allahabad High Court is placed before him.
However, appointment made on the post of Class-III shall be subject to the final outcome of Special Appeal Defective No. 30 of 2022.
The impugned orders dated 15.01.2019 and 239.12.2019 passed by the State Government and District Basic Education Officer,Mau are hereby quashed.
The writ petition is allowed.
(Manju Rani Chauhan, J.)
Order Date :- 16.5.2022
Sushil/-
