Court No. - 39
Case :- WRIT - A No. - 11348 of 2019 Petitioner :- C/M Sant Kabir Laghu Madhyamik Vidyalaya And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the respondent no.1 and Sri Shyam Krishna Gupta, learned counsel for the respondent no.2.
Learned counsel for the petitioners submitted that there is an educational institution in the name of Sant Kabir Laghu Madhyamik Vidyalaya, Kahaon Mathh, Deoria, (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, Deoria-respondent no.2. Due to retirement of certain teachers, four posts were fallen vacant and for filling up the same, petitioners have submitted an application on 15.5.2019 before the respondent no.2 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.2 to consider the application of the petitioners dated 15.5.2019 and grant prior permission.
Mr. Shyam Krishna Gupta, learned counsel for the respondent no.2 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.2 to consider the application of the petitioners dated 15.5.2019 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 15.5.2019 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.2 to decide the application of the petitioners after considering the Rules and Government Orders occupying the field.
Order Date :- 25.7.2019 Junaid