Court No. - 33
Case :- WRIT - A No. - 53059 of 2017 Petitioner :- C/M Dev Nagri Inter College Khatta Prahaladpurbaghpat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Budhwar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
The petitioner being aggrieved by the action of the respondents, whereby the strength of the teaching/non-teaching staff has been reduced by the respondents. He submits that the same has been done without considering the strength of the students as well as without giving an opportunity of hearing to the petitioner institution.
He submits that it was the action of the respondents by which the institution is suffering a loss and the manpower has been reduced. Substantially he has also drawn our attention toward paragraph No.6 of the counter affidavit filed by the respondent No.3, which is quoted herein below for ready reference:-
"6. That with regard to aforesaid claim of the petitioner, the deponent seeks indulgence of this Hon'ble Court to bring on record this fact that all the posts which were sanctioned earlier to the institution, as mentioned in financial survey report, has been restored keeping in view of the interest and necessity of institution. Thus, in view of the same no cause of action survives in this matter, as such present writ petition deserves to be dismissed, as infructuous."
The counsel for the petitioner confines his relief to a direction for decision on the representation by respondent No.2.
Learned Standing Counsel on the other hand submits that he has no objection in case a direction is issued to the respondent to decide the representation preferred by the petitioner.
In light of the above, the respondents No.2 is directed to decide the representation submitted by the petitioner on 28.12.2017 after affording an opportunity of hearing to the petitioner in accordance with law within a period of three months from the date of production of a certified copy of this order.
With the aforesaid, observation/direction the writ petition stands disposed of.
Order Date :- 29.11.2019 A. K. Singh