Court No. - 18
Case :- WRIT - A No. - 9059 of 2018 Petitioner :- Ashok Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Anand Kumar Pandey,Pradeep Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Pradeep Kumar Srivastava, learned counsel for the petitioner and Shri Anurag Srivastava, learned Standing Counsel for the State respondents.
The petitioner is before this Court with request to issue direction to the District Inspector of Schools, Meerut for ensuring his joining in the institution in question.
Learned counsel for the petitioner states that the petitioner is working as Assistant Teacher in Sir Sri Ram Inter College, Daurala, District Meerut. Initially, he was placed under suspension by the Committee of Management of the institution on 7.11.2017. The said action was challenged by the petitioner by preferring Writ A No.55673 of 2017 (Ashok Kumar vs. State of UP and 3 others) on the ground that as per provisions contained under sub-clause (7) of Section 16-G of Intermediate Education Act, 1921, the power is vested with the District Inspector of Schools to approve or disapprove the suspension order. Finally, the aforesaid writ petition was disposed of by this Court on 23.11.2017 asking the District Inspector of Schools, Meerut to pass a reasoned and speaking order in terms of section 16-G (7) of Intermediate Education Act, 1921. Consequently, the District Inspector of Schools vide order dated 29.1.2018 had disapproved the suspension order dated 7.11.2017.
In this backdrop, learned counsel for the petitioner precisely submits that even though the District Inspector of Schools has already declined to approve the suspension order way back on 29.1.2018 but for the reason best known to the management, the petitioner is not permitted to join and work as Assistant Teacher in the institution in question. The said action has impelled the petitioner to approach this Court with request to issue direction commanding the respondents for ensuring his joining in the institution in question.
In the aforesaid facts and circumstances, this Court is of the considered opinion that the District Inspector of Schools, Meerut has got ample power as per provisions contained under Section 16-G of Intermediate Education Act, 1921 to remedy the situation and even he may proceed for single operation in the matter also.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with the consent of parties, this writ petition is disposed of finally with a direction to the District Inspector of Schools, Meerut to pass appropriate order in the matter so that the petitioner may be permitted to join in the institution in question within a period of two weeks from today after taking necessary comments from the management.
Order Date :- 30.3.2018 RKP