Court No. - 18
Case :- WRIT - A No. - 6374 of 2018 Petitioner :- C/ M Saraswati Devi Parmanand Sinha Inter College And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Sankalp Narain, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State respondents.
Committee of Management of Saraswati Devi Parmanand Sinha Inter College Saraswatipur, Allahabad through its Manager is before this Court assailing the order dated 01.1.2018 passed by the third respondent i.e. District Inspector of Schools, Allahabad and for direction to the second respondent i.e. Director of Education (Secondary), U.P. Lucknow to take decision regarding grant of permission to the petitioner institution to fill up the vacant post of Assistant Clerk in the institution in question.
Learned counsel for the petitioner submits that 'Saraswati Devi Parmanand Sinha Inter College Saraswatipur, Allahabad' is an intermediate institution duly recognized and in grant-in-aid of the State. The provisions of Intermediate Education Act, 1921 and U.P. High School and Intermediate College (Payment of Salaries of the Teachers and Other Employees) Act, 1971 are applicable on the institution. There are three sanctioned posts of Clerks in the institution in question out of which the post of Head Clerk and one of Assistant Clerk are lying vacant. The post of Head Clerk is to be filled up by promotion of Assistant Clerk and the post of Assistant Clerk falls under direct recruitment. As per provisions contained under Chapter III Regulation 101 of the Regulations framed under the Intermediate Education Act, 1921 the Committee of Management sought prior permission from the District Inspector of Schools to fill up the post of Assistant Clerk on 4.7.2017. It is stated that the District Inspector of Schools has to seek necessary approval from the Director of Education (Secondary). When no action was taken by the District Inspector of Schools or the Director of Education (Secondary), the petitioner Committee of Management was compelled to approach this Court by preferring Writ A No.34090 of 2017 and the said writ petition was disposed of by this Court on 2.8.2017 asking the District Inspector of Schools, Allahabad to take appropriate decision in the matter after obtaining approval in accordance with law within two months. When no action was taken by the respondents in compliance of the aforesaid order dated 2.8.2017, the petitioner was again compelled to file Contempt Application No.5533 of 2017 and the said contempt application was disposed of on 30.11.2017 directing the opposite party to ensure compliance of the order of this Court dated 2.8.2017. By the impugned order dated 1.1.2018 the District Inspector of Schools has rejected the claim of the petitioner on the ground that the decision is yet to be taken by the Director of Education (Secondary) and as such, no relief can be accorded by the District Inspector of Schools.
The Court has proceeded to examine the record in question and finds that in pursuance of the direction dated 2.8.2017 issued by this Court in Writ A No.34090 of 2017, the representation of the petitioner has been disposed of without any proper decision in this regard. It is relevant to indicate that even while passing the impugned order the District Inspector of Schools has taken cognizance that the decision is yet to be taken at the end of Director of Education (Secondary).
In the aforesaid facts and circumstances, this Court is of the considered opinion that the Director of Education (Secondary) U.P. at Lucknow will take an appropriate decision on the request of the Committee of Management of the institution.
In view of above, this writ petition is disposed of finally with a direction to the Director of Education (Secondary) U.P. Lucknow to look into the grievance of the petitioner and redress the same in accordance with law within a period of six weeks from the date of production of a certified copy of this order before him.
Order Date :- 22.2.2018 RKP