Court No. - 58
Case :- WRIT - A No. - 25203 of 2018 Petitioner :- C/M Bharat Laghu Madhyamik Vidyalaya, Kushi Nagar, And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Ashwani Kumar Mishra,J.
1. This petition is directed against an order passed by the District Basic Education Officer, Kushinagar dated 23.05.2018, refusing to grant permission to the petitioner institution to fill up the post of Clerk in Bharat Laghu Madhyamik Vidyalaya, Pagra Padri, Kushi Nagar on the ground that the post cannot be filled on account of ban imposed.
2. Learned counsel for the petitioner has placed reliance upon a decision of this Court in Ratan Pal Yadav vs. State of U.P. and others being Writ Petition No.29221 of 2017, decided on 19.8.2017, wherein this Court has noticed that such post is to be filled in accordance with the Rules of 1984 and that the authorities cannot deny permission to fill up the post. Various circulars/letters issued by the State have also been examined in order to hold that there is no ban for proceeding to fill up the post.
3. Sri P.D. Tripathi, learned counsel for the respondents does not dispute the legal proposition as is urged on behalf of the petitioner in view of the law laid down by this Court in Ratan Lal Yadav (supra).
4. For such reasons, the order dated 23.05.2018 cannot be sustained and is hereby quashed. The authority concerned is directed to pass a fresh order in the matter, keeping in view the law laid down by this Court in Ratan Lal Yadav (supra), within a period of six weeks from the date of presentation of certified copy of this order.
5. Writ petition is accordingly disposed of.
Order Date :- 29.11.2018 Pkb/