Citation : 2023 Latest Caselaw 25231 ALL
Judgement Date : 18 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:59720 Court No. - 8 Case :- WRIT - A No. - 5098 of 2023 Petitioner :- C/M Sitaram Laghu Madhyamik Vidyalaya, Thru. Its Manager Ram Kishore Pandey And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Basic Edu. Lko. And 2 Others Counsel for Petitioner :- Amar Nath Dubey,Anil Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. The present petition has been filed with the following prayer (s) :
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties particularly the opposite party No. 3 to send the observer/nominee for completion of the process of interview under the proceeding of appointment of Headmaster in the "Institution" initiated in pursuance to the permission granted by him under his letter dated 13.12.2018 contained as Annexure no.8 to the writ petition.
(ii). issue, a writ, order or direction in the nature of mandamus commanding the opposite party no.3 to take decision on the representation of the petitioners dated 09.06.2023 contained as Annexure no.8 to the writ petition within stipulated to time."
2. The counsel for the petitioner places reliance on the judgment of this Court in Writ A No.10509 of 2019 (C/M Adarsh Janta Madhyamik Vidyalaya and another vs. State of U.P. and others) decided on 04.03.2020.
3. The counsel for the respondents argues that the petitioner do not have any right to make any selection.
4. Without going to the merits of the claim, it is incumbent upon the respondent no.3 to take a decision on the application filed by the petitioner in accordance with law, as such, the present petition is disposed off directing the opposite party no.3 to pass appropriate orders on the application filed by the petitioner, as contained in Annexure no.8 to the writ petition, in accordance with law within a period of six weeks.
Order Date :- 18.9.2023
VNP/-
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