Court No. - 3
Case :- WRIT - A No. - 17700 of 2019 Petitioner :- C/M, Captain Dhwaj Audhoyogic Junior High School And Another Respondent :- District Basic Education Officer And 2 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh,Tej Bhan Singh Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-Respondents and perused the record.
Three posts in the petitioner institution, namely, Committee of Management of Captain Dhwaj Audhoyogic Junior High School, Malehta, Vikas Khand Rath, Hamirpur (U.P.) fell vacant on account of retirement of three teachers. The petitioner sought permission from the Respondent No. 1, District Basic Education Officer, Hamirpur to fill up the said post. The Respondent No.1 vide order dated 8.1.2019 granted permission to fill up all the three posts. However, when the petitioner advertised the aforesaid three posts for selection and requested the Respondent No.1 to send nominee for the selection, the Respondent No.1 by order dated 5.3.2019 provided nominee only for two posts. The said order further recites that the nomination for one more post shall be sent later. The petitioner now by letter dated 19.8.2019 has requested Respondent No.1 to send a nominee for selection on the third post, but respondent has not paid any heed to the said representation.
Learned Standing Counsel submits that there is no material on record to indicate that the representation of the petitioner dated 19.8.2019 has been received in the office of Respondent No.1. He submits that in case the petitioner approaches the Respondent No.1 by a fresh representation, the Respondent No.1 shall consider the grievance of the petitioner in accordance with law.
Be that as it may, considering the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to file a detailed representation before respondent no. 1 raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, respondent no.1 shall consider and decide the same strictly in accordance with law within a period of three weeks thereafter.
The writ petition is disposed off subject to directions above.
Order Date :- 26.11.2019/Manish Tripathi