Heard learned counsel for the parties.
During the course of arguments, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel has produced the copy of order dated 09.05.2017 passed by this Court in Writ Petition No.10118 (M/S) of 2017; Rahat Janta Inter College through its Manager Sri Arshad Khan vs. State of U.P. & others. The aforesaid writ petition was filed on 05.05.2017 making the prayer, which is being reproduced here-in-below:-
"To issue a writ, order or direction in the nature of mandamus thereby commanding the opposite party no.2 to give permissiveness in order to fill in the vacant post in Rahat Janta Inter College, Nanpara, Bahraich e.g. one post of Lecturer Social Science, two posts of Assistant Teacher Arts in L.T. Grade and two posts of Home Science which have already been created by opposite party no.3 vide letter dated 20.01.1992 and 16.08.1978."
Learned Additional Chief Standing Counsel has further submitted that vide advertisement dated 11.04.2017, which is contained as Annexure No.8 to the writ petition), four posts of Lecturer, 14 posts of Assistant Teacher and nine posts of Teacher attached to Primary Section have been advertised. Sri Singh has submitted that at the time of issuance of advertisement dated 11.04.2017, the Committee of Management was aware that the Permissiveness from the Director of Education, Secondary Education, would be required. However, the Institution in question had become minority Institution before 11.04.2017, to be more precise, on 22.02.2017.
Since this Court vide order dated 09.05.2017 passed in writ petition of the Committee of Management has permitted the Committee of Management to prefer representation to the Director of Education, (Madhyamik), U.P., Lucknow, who shall pass appropriate speaking and reasoned order within a period of six weeks, therefore, any order would have been passed by the Director of Education (Madhyamik) if the copy of order dated 09.05.2017 was presented before the Competent Authority. The same Committee of Management is opposite party No.5 & 6 in the present writ petition represented by Sri Anurag Srivastava, Advocate, therefore, it is expected that Sri Anurag Srivastava, Advocate shall file a supplementary affidavit apprising the Court as to what order has been passed by the Director of Education (Madhyamik) in compliance of order dated 09.05.2017 passed in the matter of Committee of Management in Writ Petition No.10118 (M/S) of 2017.
Learned Additional Chief Standing Counsel has also produced a copy of the judgment and order dated 11.02.2014 passed by the Division Bench of this Court in Special Appeal No.1359 of 2013 along with Special Appeal No.1360 of 2013 wherein, as per learned Additional Chief Standing Counsel, the identical issue has been dealt with and the issue has been decided.
Learned counsel for the petitioners has submitted that on account of filing of the writ petition by the Committee of Management, the claim of the present petitioners may not be nullified and the present petitioners shall demonstrate their respective rights on the basis of provisions of law and also with the case laws, which are in support of them.
Since the fact that the Committee of Management has already filed one writ petition wherein the direction has been issued by this Court, therefore, the entire development with effect from 09.05.2017, the date of order in the writ petition of the Committee of Management, till date, should be brought into the notice of the Court either by the Committee of Management or by the learned Additional Chief Standing Counsel.
Therefore, list this petition on 15.05.2019 within top ten cases to enable the learned counsel for the Committee of Management to file the supplementary affidavit in terms of what has been said in the order and the learned Additional Chief Standing Counsel may also file the short counter affidavit bring on record the relevant facts and circumstances of the issue in question viz-a-viz the copy of order, if passed, by the Director of Education (Madhyamik) in compliance of order dated 09.05.2017 passed in Writ Petition No.10118 (M/S) of 2017.
It is expected that the supplementary affidavit and short counter affidavit, which are to be filed by the counsel for the Committee of Management and the learned Additional Chief Standing Counsel, shall be filed on or before 13.05.2019 after serving its copy to the learned counsel for the petitioners so that the learned counsel for the petitioners may go through through those affidavits and if needed be, he may file reply to those affidavits.
In any case, the matter would be heard peremptorily and since learned counsel for the petitioners comes from outside, therefore, the matter would be taken up at 3:30 p.m. Order Date :- 30.4.2019 Suresh/ [Rajesh Singh Chauhan,J.]