Court No. - 58
Case :- WRIT - A No. - 12971 of 2018 Petitioner :- C/M Adarsh Shanker Laghu Madhyamik Vidayalaya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dewendra Singh,Satyendra Narayan Singh Counsel for Respondent :- C.S.C.,Arun Kumar
Hon'ble Ashwani Kumar Mishra,J.
Adarsh Shanker Laghu Madhyamik Vidyalaya, Pokhari Gaon, Gola District Gorakhpur is a recognised and aided Junior High School. There is only one post of Clerk in the institution, which has fallen vacant. Petitioner committee of management had sought permission for the post to be filled up. This permission has been denied by the District Basic Education Officer, Gorakhpur vide order dated 21.4.2018. The order records that permission to fill up the post has been granted only with respect to teaching staff and thereby contending that in respect of non-teaching staff there is no permission of the State to fill up the post.
The question relating to imposition of ban has been examined by this Court in Writ Petition No. 58220 of 2016 ( Committee of Management, Nehru Kishan Vidyalaya Junior High School Vs. State U.P.) which has been allowed on 31.1.2017.The controversy raised in the present matter is squarely answered by the aforesaid judgment. For such reasons, the order impugned dated 21.4.2018 cannot be sustained and is quashed. A direction is issued to the District Basic Education Officer to take a fresh decision in the matter in view of the observations made by this Court in Nehru Kishan Vidyalaya (supra) within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 31.5.2018 n.u.