Court No. - 30
Case :- WRIT - A No. - 6665 of 2018 Petitioner :- C/M Gandhi Girls J.H.S. Charthwal(Upgraded Vitiya Veheen) Muzaffarnagar Through Its Manager Manish Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Virendra Chaubey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Virendra Chaubey, learned counsel for the respondents no. 3 and have perused the record.
At the very outset, learned counsel for the parties agree that the controversy involved in the present writ petition is fully covered by a decision of this Court dated 8.1.2018 passed in Writ-A No. 412 of 2018 (C/M Varun Singh Asmarak Inter College versus State of U. P. and two others), which is quoted hereinunder:-
"Heard 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.
Committee of Management of Varun Singh Asmarak Inter College Kutubpur, Tehsil Janshat, District Muzaffar Nagar, by the instant writ petition, inter alia, seek the 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 two posts of Assistant Teachers 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 two posts of Assistant Teacher 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 would submit 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 Varun Singh Asmarak Inter College (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."
Consequently, the present petition is also disposed of in terms of the aforesaid judgement dated 8.1.2018 as quoted above.
Order Date :- 26.2.2018 Ravi Prakash