Court No. - 8
Case :- WRIT - A No. - 2125 of 2018 Petitioner :- C/M Kutir Inter College Chakke Jaunpur And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Nath Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard counsel for the petitioners as well as standing counsel appearing for respondent nos.1, 2 & 3.
The petition has been filed by C/M Kutir Inter College Chakke Jaunpur, Ajayendra Kumar Dubey, Manager of Committee of Management and one Satya Prakash Mishra.
The contention of the petitioners is that Kutir Inter College, Jaunpur (hereinafter referred to as Institution) is a recognized institution which is governed by provisions of U.P Intermediate Education Act 1921 and the Regulation made there under as well as by Payment of Salaries Act 1971. The petitioner no.1 i.e Committee of Management of the Institution issued an Advertisement dated 15.7.2017 inviting applications from eligible candidates for appointment to the post of Assistant Clerk in the Institution.
In pursuance to the aforesaid advertisement, petitioner no.3 also applied and was selected by the concerned Selection Committee for appointment as Assistant Clerk in the Institution. The recommendations of the Selection Committee were sent by Committee of Management of the Institution to the District Inspector of Schools, Jaunpur i.e respondent no.2 on 7.10.2017. It has been stated by counsel for the petitioners that all the documents relating to appointment were sent to respondent no. 2 for approval. When no decision was taken by respondent no. 2 in the matter, Committee of Management sent reminders dated 1.11.2017 and 20.11.2017, to the respondent no.2. However, till date no decision has been taken by respondent no. 2 in the matter.
Without going into the merits of the case, It would be appropriate to dispose of the writ petition by directing respondent no. 2 to decide the matter in accordance with law relating to approval of the appointment of the petitioner as Assistant Clerk within a period of four weeks from the date a certified copy of this order is produced before him.
It is clarified that respondent no.2 shall not be bound by any observations made by this Court in the present writ petition.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 27.2.2018 IB