Court No. - 30
Case :- WRIT - A No. - 6706 of 2018 Petitioner :- C/M Sant Kabir Laghu Madhyamik Vidyalaya Deoria Thru. Its Mgr.Mohan Kushwaha And Another Respondent :- State Of Up Through Its Secretary Basic Education Govt. Of Up Lucknow And Another Counsel for Petitioner :- Kedar Nath Mishra Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, Shri Shyam Krishan Gupta, learned counsel appearing for respondent No. 2 and learned Standing Counsel for the State-respondent.
At the very out set, all the parties agreed that this petition is covered by the judgment dated 10.1.2018 passed in writ petition No. 1169 of 2018, which is quoted as under:
"The petitioner-Committee of Management of a recognized and aided junior High School, is aggrieved by order of the Basic Shiksha Adhikari dated 14.12.2017, whereby he has declined to accord approval for appointment in the institution on the ground that State Govt. has put a ban for recruitment of teachers and other employees.
Learned counsel for the petitioner has drawn attention of the Court to two Govt. Orders dated 4.11.2015 and 15.9. 2014, whereby the State Govt. has relaxed the ban and in the Govt. Order dated 15.9.2014 a specific direction has been issued to fill up vacant 800 posts of Headmaster, 1444 posts of assistant teachers and 525 posts of non teaching staff. Copy of the said Govt. Order is on record as annexure no. 3 to the writ petition.
Learned counsel for petitioner has further placed reliance upon judgment of this Court in Committee of Management, Nehru Kissan Vidyalaya Junior High School Vs. State of U.P. and others, Writ-A No. 58220 of 2016, decided on 31.1.2017. The said matter was also in respect of a recognized and aided junior high school and the issue which fell for consideration in the said case, is identical and similar which arises in the present case.
I have heard learned counsel for the petitioner and learned standing counsel appearing for the respondents. As there is no factual dispute involved, no useful purpose would be served by calling response from the respondents and keep the matter pending. Hence, with the consent of counsel for the parties, the petition is being disposed of at the admission stage itself in terms of the Rules of the Court.
In view of the above, the order impugned dated 14.12.2017 is unsustainable. Accordingly, it is set aside and the matter is remitted to the District Basic Education Officer, Deoria-respondent no. 3 to consider the matter afresh in the light of observations made hereinabove. The said exercise be completed after affording opportunity to the petitioner- committee of management, expeditiously preferably within two months from the date of communication of the order.
With the above direction, the writ petition stands finally disposed of. No order as to costs."
In view of the aforesaid judgment, the impugned order dated 2.2.2018 passed by respondent No. 2 (District Basic Education Officer, District Deoria) is not sustainable in the eyes of law and is hereby quashed. The petition is allowed in terms of the aforesaid judgment.
Order Date :- 26.2.2018 Ravi Prakash