Court No. - 33
Case :- WRIT - A No. - 8741 of 2021 Petitioner :- C/M Janta Inter College And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Pursuant to an order passed by this Court, the Director of Education (Secondary) has granted permission on 5.7.2019 to the petitioner committee to fill up the solitary post of Assistant Clerk in Janta Inter College, Pilua, District Etah.
Grievance is that on account of subsequent government order, the authorities are not permitting the petitioner to advertise the vacancy and make appointment. It is contended that the dispute raised in the present petition had already been adjudicated in Writ Petition No. 351 of 2021, decided on 14.6.2021 and, therefore, petitioner be permitted to fill up the vacancy in terms of the law laid down in the aforesaid judgment.
This Court in Writ Petition No. 351 of 2021 has taken note of the previous order passed in Writ Petition No. 6406 of 2020 to hold that merely because a more transparent process is likely to be evolved by the State in future, cannot be a ground to keep the post vacant in such educational institutions. Writ petition ultimately has been disposed of by observing as under:-
"Learned counsel for the petitioner has invited attention of the Court to the averments made in paragraph nos. 21 to 26 of the writ petition. It is urged with reference to the pleadings made in the above paragraphs that no distinguishing feature has been pointed out in respect of 26 institutions, which include the petitioner institution for singling out these institutions. It is also submitted that no reasons have been disclosed for carving out an exception for these 26 institutions as they are identically placed with the petitioner in the above cases.
A counter affidavit has been filed on behalf of respondent no.1 to 4 and the averments made in paragraph nos. 21 to 26 of the writ petition have been replied in paragraph nos. 21 and 22 of the counter affidavit. Accept to state that State intended to provide for a more transparent process of recruitment no other exceptional or distinct facts have been set out in respect of these 26 institutions. Merely because 26 institutions have been mentioned in the Government Order, therefore, does not alter the scenario in any manner. This particularly is so in respect of the petitioner institution.
Since the statutory regulations otherwise regulate the grant of appointment and the procedure as per law has already been followed before making the appointments in question, the authorities cannot be permitted to deny grant of sanction to the appointment made by the petitioner institution only for the reasons set out in the Government Order dated 30.10.2019. In such circumstances this petition succeeds and is allowed. Orders impugned dated 27.01.2020 and 30.10.2019 are quashed. A mandamus is issued to the respondents to consider grant of financial sanction to the appointments made by the petitioner institution, by a reasoned order, within a period of two months from the date of presentation of a copy of this order. The appointments would be tested with reference to the provisions applicable in law on the date of making of the appointment."
Since the controversy is similar, this petition is disposed of with the direction upon the District Inspector of Schools, Etah to take necessary action in terms of the law laid down by this Court in Writ Petition No. 351 of 2021 and no interference would be made in advertising the vacancy on the basis of the Government Orders dated 30.10.2019 and 27.1.2020.
Order Date :- 30.7.2021 n.u.