(Oral) (1) Counsel for the petitioner has referred to the detailed interim order passed by this Court in the case of the petitioner on 07.05.2019. The order dated 07.05.2019 is being quoted in its entirety hereinbelow:-
"Heard the learned counsel for the petitioner.
The petitioner runs Institution, namely Gandhi Vidyalaya Inter College, Marufpur Maryadpur, District Mau which was established in 1951. By order dated 25.4.1982 passed by the Deputy Director -VIIth Region, Gorakhpur, one post of Principal and 13 posts of Lecturers and 23 posts of Assistant Teachers along with non teaching staff were sanctioned for the institution.
In Writ Petition No. 26307 of 2010, this Court had passed an interim order on 22.5.2012 directing the District Inspector of Schools of each district to submit a report before the Officer designated for the said purpose by the Government with regard to the details of posts, institution-wise qua, the payment of salary that is actually being made as on date along with records which may be available in the office of the District Inspector of Schools. The matter of sanction of posts shall then be analised by the Secretary, Secondary Education on the basis of the information on the record and he shall determine the strength of teaching and non teaching staff in each institution of the respective district concerned.
It is in pursuance of such interim order, a Committee was constituted to look into the teaching and non teaching staff strength in the institutions concerned and provisional determination of strength was made by the Committee reducing the number of Lecturers from 13 to 19 for the petitioner's school.
The Principal of the Institution filed an objection on 18.11.2012 praying that the objection be considered in the light of the orders passed by this Court again on 29.7.2013 in Writ-A No. 26307 of 2010. No such consideration has been made and the order dated 29.5.2013 has finally determined the number of Lecturers as 9 only and in pursuance thereof, the District Inspector of Schools has issued an order on 24.6.2013.
It is apparent that the petitioner had requested for reconsideration of provisional determination of strength on the basis of interim order passed on 29.7.2013 by this Court at Allahabad in Writ Petition No. 26307 of 2010.
The petitioner is directed to bring on record the order dated 29.7.2013 in Writ-A No. 263 of 2010 by means of which a reconsideration has been sought on merits by the petitioner before the Committee concerned.
List this matter after two weeks.
The petitioner may file his supplementary affidavit in the meantime."
(2) Counsel for the petitioner says that he has filed supplementary affidavit bringing on record the interim order passed by this Court on 29.07.2013 in Writ A No.26360 of 2010 (Dhruva Narayan Singh Vs. State of U.P. ). He has also referred to averments made in the supplementary affidavit to the effect that the Dy. Director Education-VIIth Region, Gorakhpur Division by a Letter No.2655-56, dated 25.04.1982 had sanctioned four posts of Lecturers in addition to the Nine posts of Lecturers already existing in the Institution. After letter dated 25.04.1982 the petitioner's sanctioned strength of Lecturers was 13 and not as given in the impugned order. A reference has been made only to initial sanction of Nine posts of Lecturers and not to the later order.
(3) Learned counsel for the petitioner has referred the counter affidavit filed in this case by the State-respondent on 04.08.2016 which is sworn by one Mr. Vinod Kumar Rai, the District Inspector of Schools, Mau, wherein in paragraph no.7, it has been submitted that the Dy. Director Education-VIIth, Gorakhpur Division by his Letter No.2655-56 dated 25.04.1982 after proper scrutiny had sanctioned 13 posts of Lecturers. It has also been submitted in paragarph no.11 of the said counter affidavit that the petitioner did not submit the order in respect of creation or sanction of posts during the inquiry conducted by the Committee constituted at the Division Level.
(4) Learned counsel for the petitioner submits that at the time when the Inquiry was conducted by the Divisional Level Committee the Authorized Controller was administering the aforesaid Institution and therefore correct facts could not be brought to the notice of the Committee.
(5) This writ petition is finally disposed of with a direction to the petitioner to file all documentary evidence alongwith detailed Representation before the Principal Secretary/Additional Chief Secretary, Secondary Education, Government of U.P. who shall after calling for a report from the opposite party no.3 and the opposite party no.5 and giving opportunity of hearing to the petitioner to produce original documents in their favour by fixing a date of hearing in his office, decide the matter finally with respect to the sanctioned strength of teachers admissible to the petitioner's institution.
(6) The petitioner shall file his Representation within fortnight from today and the opposite party no.1 shall thereafter consider the same strictly in accordance with law and in view of the observations made hereinabove within a period of three months.
Order Date :- 30.7.2019 PAL