Court No. - 58
Case :- WRIT - A No. - 10418 of 2018 Petitioner :- C/M Kisan Mazdoor Madhymik Vidyalaya Puraila And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 24.3.2018, whereby the District Basic Education Officer has refused to grant permission to fill up the post of Assistant Teacher on the ground that in terms of the latest survey as well as applicable Government Orders, the post is not required to be filled. Based upon certain circulars, it is observed that only one post of Headmaster and four posts of Assistant Teacher are available in the institution.
The issue with regard to existence of post available for being filled has been examined by this Court in C/M Dwivedi Mahadev Prasad Purva Madhyamik Vidyalaya vs. State of U.P. and others, delivered in Writ Petition No.36910 of 2016 on 23.2.2018. After considering the provisions of Rules of 1978 as well as circulars applicable, following observations have been made in para 10 to 12 of the judgment, which reads as under:-
"10. Rule 3 of 1978 Rules also casts an obligation upon the authorities to fill up the vacant post within two months of occurrence of vacancy. The authorities of the State are, therefore, enjoined by law to ensure that any vacancy is not allowed to exist beyond two months in an institution imparting education to students between 6 to 14 years of age.
11. In the facts and circumstances of the present case, as the document issued under the signatures of the District Basic Education Officer contained in Annexure-3 is not disputed in the counter affidavit, and sanction of seven posts of Assistant Teacher is not disputed, it would be appropriate to observe that prima facie existence of seven posts in the institution is reflected and in such circumstances, the authorities would not be justified in restricting recruitment only to four posts of Assistant Teachers.
12. This petition accordingly stands disposed of with a direction upon the District Basic Education Officer concerned to examine existence of duly sanctioned posts existing in the institution in terms of rule 7(3), and thereafter proceed to permit the Committee of Management to fill up the posts in accordance with law. Such sanctioned posts would not be automatically reduced in view of the circular of Director dated 7.1.2015. The required consideration would be made by the officer concerned within a period of two months from the date of presentation of certified copy of this order."
In view of the observations made above, the respondents would not be justified in refusing to grant permission to fill the post for the reasons recorded in the order impugned. Consequently, the order dated 24.3.2018 cannot be sustained and is quashed. The authority concerned shall re-visit the issue, keeping in view the observations made in C/M Dwivedi Mahadev Prasad Purva Madhyamik Vidyalaya (supra) and in accordance with Rules of 1978, within a period of two months from the date of presentation of certified copy of this order.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 24.4.2018 Ashok Kr.