Court No. - 19
Case :- WRIT - A No. - 52169 of 2017 Petitioner :- Arya Vidyalaya Inter College Teda Baghpat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aseem Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
Leave granted to learned counsel for the petitioner to correct the description of respondent in the cause title during the course of the day.
The petitioner is a recognised Intermediate Institution under the provisions of U.P. Intermediate Education Act, 1921. According to the petitioner, earlier there were 14 sanctioned posts of Lecturer and Assistant Teachers in the Institution. However, there was re-determination of sanctioned post and in which the number of posts were reduced from 14 to 9. The specific case of the petitioner is that Sanskrit subject is being taught in the Institution, both at High School level and Intermediate level since the very beginning. However, as a result of reduction in the sanctioned strength, at present there is no Lecturer in Sanskrit subject at Intermediate level. The submission is that under the garb of re-determining the sanctioned strength, the post of Sanskrit subject, which had been in existence since beginning, cannot be abolished. The petitioner has therefore filed the instant petition seeking a mandamus directing the respondents to restore the post of Sanskrit Lecturer in the Institution.
By order dated 8.11.2017, time was granted to learned standing counsel to file counter affidavit, but which has not been filed till date.
Learned counsel for the petitioner submitted that the petitioner be granted liberty to represent its grievance before the Director, Secondary Education, Lucknow, the second respondent and he may be directed to take a decision on the same, to which learned standing counsel appearing on behalf of the said respondents has no objection.
Accordingly, without expressing any opinion on merits of the claim of the petitioner, the instant petition is disposed of with liberty to the petitioner Institution to make representation along with certified copy of this order before the second respondent. The second respondent shall decide the representation by means of a speaking order in accordance with law, expeditiously, preferably within a period of ten weeks from the date of receipt of representation and certified copy of this order.
(Manoj Kumar Gupta, J.) Order Date :- 30.1.2019 AM/-