Court No. - 8
Case :- WRIT - A No. - 62838 of 2017 Petitioner :- C/M Shri Kidwai Balika Junior High School Respondent :- State Of U.P. And 2 Othrs.
Counsel for Petitioner :- Yashwant Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh,Sunil Kumar Singh
Hon'ble Salil Kumar Rai,J.
Heard counsel for the petitioner as well as standing counsel for respondent nos.1 & 2.
Shri Kidwai Balika Junior High School is a recognized and aided Junior High School governed by U.P Basic Education Act 1962. The post of Head Master in the institution became vacant due to retirement of incumbent Head Master Smt.Prabha Srivastava. Consequently, petitioner sent a proposal to respondent no. 4 for permission to proceed with the appointment of Head Master in the Institution but no action was taken by respondent no. 2 on the aforesaid proposal sent by the petitioner. Subsequently, the petitioner approached the Joint Secretary, Education, Government of U.P, Lucknow, respondent no. 2, who sought a report from the Director of Education Basic (U.P) Education General (1) Basic Anubhag, Allahabad and the District Basic Education Officer, i.e respondent no. 4. The District Basic Education Officer, i.e respondent no.4 vide his communication dated 22.9.2017 stated that the institution cannot be permitted to proceed with appointment in view of the circular dated 3.6.2016 which according to respondent no. 4 provided that appointments have to be completed by 31.7.2016. However, the Director of Education in his communication to respondent no. 2 requested the respondent no. 2 to take a decision on his own in view of the communication sent by the District Basic Education Officer.
Counsel for the petitioner has brought to the notice of the Court, the order dated 31.1.2017 passed by this Court in Writ Petition No.58200 of 2016 which shows that the statement given by the District Basic Education Officer vide his communication dated 22.9.2017 is not acceptable.
Respondent no.2 is directed to take appropriate decision in accordance with law regarding appointment of Head Master in the institution at the earliest preferably within a period of four weeks from the date a certified copy of this order is produced before him. .
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 27.2.2018 IB