Allahabad High Court
Principal Islamia Inter College ... vs State Of U.P. And 2 Ors on 10 April, 2023
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 55397 of 2014
Petitioner :- Principal Islamia Inter College And Another
Respondent :- State Of U.P. And 2 Ors
Counsel for Petitioner :- Anil Bhushan,Abhishek Bhushan,Adarsh Bhushan
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for petitioner and learned Standing Counsel for the State.
Petitioner, who is a principal and appointing authority of a recognized inter college has approached this Court claiming that due selection process of Class-IV employee namely, Idrish Akhtar was made and documents was forwarded to District Inspector of Schools, Firozabad on 20.09.2012, however, no decision on the same is taken as yet. Hence, the present writ petition is filed for mandamus. Learned counsel for the petitioner submits that petitioner's institution is governed by U.P. Act No.2 of 1921.
Learned counsel for the petitioner referred to paragaph-5 of the counter affidavit in which the D.I.O.S. has stated that in view of ban imposed by Government Order dated 15.03.2012, such appointments on Class-III and Class-IV posts cannot be made.
Learned counsel for petitioner relied upon judgment and order dated 08.07.2013 passed in Writ-A No. 36188 of 2013; 'Principal, Shri Tara Chand Chaturvedi Inter College Vs. State of U.P. and 3 Ors.', wherein the said government order came up for consideration and in concluding paragraph, the Court held:-
"Following the same set of reasoning given by Learned Single Judge as categorical view has been taken that such ban is not at all applicable or attracted qua the educational institutions governed by U.P. Act No. II of 1921 in reference of appointment being made on the post of Class III and Class IV posts, in view of this opinion formed by the District Inspector of Schools, district Bulandshahar that said Government Order dated 15.03.2012 shall be applicable to the Educational Institutions is also not all being approved of.
Consequently, order dated 01.05.2013 to this extent is hereby quashed and set aside. Writ Petition is allowed. District Inspector of Schools, district Bulandshahar is directed to pass fresh order keeping in view the judgement passed by this Court, in accordance with law preferably within two months from the date of presentation of certified copy of the order passed by this Court."
Thus, it is already settled by the Court that Government Order dated 15.03.2012 is not applicable upon the educational institution governed by U.P. Act No.2 of 1921. Hence, the present matter is squarely covered by aforesaid judgment. In the instant case, D.I.O.S. is bound to take decision with regard to approval and appointment on a Class-IV post.
Accordingly, the writ petition is allowed.
District Inspector of Schools, Firozabad is directed to consider the recommendation made and forwarded by the institution to him on 20.09.2012 with respect to appointment on a Class-IV post of Sri Idrish Akhtar in accordance with law. Such a decision shall be taken by D.I.O.S. Firozabad within a period of two months from the date a certified copy of this order is placed before him.
Order Date :- 10.4.2023
Arti/-
[Vivek Chaudhary,J.]
