Court No. - 6
Case :- WRIT - A No. - 7373 of 2020 Petitioner :- C/M Of Dayawati Modi Kanya Junior High School And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Surat Shukla,Sr. Advocate V.K. Singh Counsel for Respondent :- C.S.C.,Vinod Kumar Singh
Hon'ble Pankaj Bhatia,J.
The present petition has been filed alleging that the committee of management resolved to make appointment to the post of Assistant Teacher in the institution in question on 15.12.2018. In terms of the said resolution, a request was made on 22.12.2018 for grant of permission, which was granted on 16.02.2019 by the District Basic Education Officer subject to certain conditions as specified in the letter dated 16.02.2019. In terms of the permission so granted, advertisement was published in newspaper on 20th February, 2019 and 21.02.2019.
In pursuance to the said advertisement, 24 candidates had applied for appointment, interview of the said applicants was scheduled on 27.03.2019. As the interview was scheduled, a request was made on 25.03.2019 to appoint an observer, which was appointed by the District Basic Education Officer. It is claimed that interview was conducted on 27.03.2019 and appointment was made and the same was sent for grant of financial approval.
Counsel for the petitioner argues that perhaps approval has not been considered and decided in view of the Government Order dated 15.01.2019 as well as the amendment carried out in the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. The said amendment, according to the counsel for the petitioner, being the seventh amendment, came into effect on 24.02.2019. He, thus, argues that as the process of recruitment had been started prior to the amendment in the Rules and there being no prohibition for appointment on the committee of management prior to the said amendment, the right of the committee of management to recruit was existing. He places reliance on the Full Bench judgment of this Court in Special Appeal (Defective) No. 215 of 2015; Santosh Kumar Singh vs. State of U.P. and others decided on 22.07.2015, wherein, according to the petitioner, this question was considered. He further places reliance on the judgment dated 04.03.2020 passed in Writ-A No. 10509 of 2019; C/M Adarsh Janta Madhyamik Vidyalaya and Another vs. State of U.P. and Others.
As no decision has been admittedly taken by the respondents with regard to the request of approval, as sought by the petitioner, the present petition is disposed of giving liberty to the petitioner to make an application before the respondent no. 2 along with all the judgments that they will propose to rely. If such an application is moved, the respondent no. 2 shall take a decision there upon in accordance with law, within a period of two months from the date of filing of the said application.
The petition stands disposed of with the same.
Order Date :- 22.9.2021 Pkb/