Court No. - 18
Case :- WRIT - A No. - 8598 of 2018 Petitioner :- C/M Faizam Junior High School Miranpur Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Virendra Chaubey
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri A.N. Rai, learned counsel for the petitioner and Shri Virendra Chaubey, learned counsel for the respondent no.3. Learned Additional Chief Standing Counsel appears for the State respondents.
The petitioner-Committee of Management is before this Court for following relief :
"(i) Issue a writ, in nature of mandamus and directing to respondent no.3 to consider the case of petitioner in regard to grant prior permission for starting the selection process on the post of Head Master and one post of Clerk of the petitioner's institution by passing appropriate order within specific time in interest of justice accordance with law."
It is sought to be urged that the post of Head Master and one post of Clerk are lying vacant, hence, Management has sought approval from the third respondent-District Basic Education Officer, Muzaffar Nagar before commencing the selection process. Reliance has been placed on a decision of this Court rendered in Committee of Management, Nehru Kissan Vidyalaya Junior High School vs. State of U.P. & others, 2017 (3) ADJ 503.
Learned counsel appearing for the third respondent submits that the third respondent-District Basic Education Officer, Muzaffar Nagar shall pass appropriate order in terms of the aforementioned decision.
In regard thereto, writ petition, on consent, stands disposed of directing the third respondent-District Basic Education Officer, Muzaffar Nagar, to consider and decide the claim of the petitioner by a reasoned and speaking order in Committee of Management of Nehru Kissan Vidyalaya Junior High School (supra) expeditiously, preferably within a period of six weeks from the date of filing of certified copy of this order.
It is made clear that the Court has not considered the claim and contention of the petitioner on merit.
Order Date :- 27.3.2018 SP/