Court No. - 39
Case :- WRIT - A No. - 10769 of 2019 Petitioner :- C/M Navyug Vidyapeeth Junior High School And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Gupta Counsel for Respondent :- C.S.C.,Jai Krishna Tiwari Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the respondent nos.1 and 2 and Sri Jai Krishna Tiwari, learned counsel for the respondent no.3.
Learned counsel for the petitioners submitted that there is an educational institution in the name of Navyug Vidyapeethy Junior High School, Sadarpur, District Ghazibad (hereinafter referred to as Institution), which is recognized by Junior High School governed with the provision of U.P. Basic Education Act, 1972 and U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as Rules 1978). For appointment of Assistant Teachers, Rule 7 of 'Rules 1978' provides for prior permission of District Basic Education Officer, Ghaziabad-respondent no.3. Due to retirement of certain teachers, five posts were fallen vacant and for filling up the same, petitioners have submitted an application on 07.01.2019 before the respondent no.3 for prior permission. He further submitted that till date, neither permission was granted nor the application was decided. Lastly, he submitted that a suitable direction may be issued to the respondent no.3 to consider the application of the petitioners dated 07.01.2019 and grant prior permission.
Mr. Jai Krishna Tiwari, learned counsel for the respondent no.3 submitted that application of the petitioner shall be considered and decided strictly in accordance with law.
Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the respondent no.3 to consider the application of the petitioners dated 07.01.2019 and decide the same strictly in accordance with law maximum within three weeks from the date of production of certified copy of this order. Petitioners are directed to annex the photo copy of the application dated 07.01.2019 alongwith certified of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.3 to decide the application of the petitioners after considering the Rules and Government Orders occupying the field.
Order Date :- 26.7.2019 Rmk.