Heard learned Counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 & 2, and Sri Jayram Pandey, learned Advocate, who has put in appearance for the respondent no. 3.
With the consent of learned Counsel for the parties, this writ petition is being disposed of finally at this stage in terms of the Rules of the Court.
The Committee of Management of Ramapur Uchchatar Madhyamik Vidyalaya, Mirzapur, which is a Junior High School and recognised institution, has preferred this writ petition for a direction upon the respondent no. 3 to accord permission to the petitioners' Institution to proceed with the selection process on the vacant posts of Assistant Teachers and Peons.
The grievance of the petitioner is that six posts of Assistant Teacher and one post of Peon are lying vacant in the institution, which is adversely affecting the study of the students. The Committee of Management has filed several representations seeking permission of the competent authority to proceed with the matter, however, no decision has been communicated to it.
Having considered the facts and circumstances of the case, in the interest of justice, a direction is issued upon the Basic Shiksha Adhikari, Mirzapur, the respondent no. 3, to consider the representation of the petitioner and pass the fresh order. It is open to the petitioner to make a fresh representation also along with certified copy of this order. Said decision shall be taken by the Basic Shiksha Adhikari at the earliest preferably within two months from the date of communication of this order.
Needless to say that this Court has not expressed its opinion on the merits of the case. The respondent no. 3 shall pass the order independently in accordance with law.
Thus, the writ petition is disposed of. No order as to costs.
Order Date :- 1.8.2014/SKT/-