Court No. - 7
Case :- WRIT - A No. - 23025 of 2018 Petitioner :- C/M Karwal Devi Kanya Laghu Madhyamik Vidhayalaya And Another Respondent :- District Basic Education Officer And Another Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- C.S.C.,Arun Kumar
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the petitioners, Sri Arun Kumar, learned counsel for the respondent no. 1 and learned Addl. Chief Standing Counsel on behalf of State-respondent.
2. The present petition is directed against the order dated 28.8.2018 passed by the District Basic Education Officer, Gorakhpur, refusing to grant permission to petitioners' institution to fill up the post of Clerk in Karwal Devi Kanya Laghu Madhyamik Vidhayalaya, Karwal Majhgawan, District- Gorakhpur on the ground that the post cannot be filled on account of ban imposed.
3. Learned counsel for the petitioner has placed reliance upon a decision of this Court in Ratan Pal Yadav vs. State of U.P. and others being Writ Petition No.29221 of 2017, decided on 19.8.2017, wherein this Court has noticed that such post is to be filled in accordance with the Rules of 1984 and that the authorities cannot deny permission to fill up the post. Various circulars/letters issued by the State have also been examined in order to hold that there is no ban for proceeding to fill up the post.
4. Sri Arun Kumar, learned counsel for the respondent no. 1 does not dispute the legal proposition as is urged on behalf of the petitioners in view of the law laid down by this Court in Ratan Lal Yadav (supra).
5. For such reasons, the order dated 28.8.2018 cannot be sustained and is hereby quashed. The authority concerned is directed to pass a fresh order in the matter, keeping in view the law laid down by this Court in Ratan Lal Yadav (supra), within a period of six weeks from the date of presentation of certified copy of this order.
6. The present writ petition is accordingly disposed of.
Order Date :- 27.10.2018 Mini