Court No. - 3
Case :- WRIT - A No. - 20528 of 2019 Petitioner :- C/M Sarvodaya Inter College Asothar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos.1, 2 and 3.
The petitioner is the Committee of Management of the Institution known as Sarvodaya Inter College Asothar, District Fatehpur. There are three sanctioned posts of clerks in the College, which includes, one post of Head Clerk and two posts of Assistant Clerks. At present there is one vacant post of Assistant Clerk which is to be filled by direct recruitment and, consequently, the petitioner submitted an application to respondent no.3 seeking permission to fill up the said post.
However, Director of Education (Madhyamik) U.P. has passed the order dated 03.06.2019, whereby, ban upon the recruitment of Class-III Assistant Clerks in the aided Institution, have been imposed. The first prayer of the petitioner is to quash the order dated 03.06.2019.
Learned counsel for the petitioner submits that that the present petition is confined to the the prayer nos.2 and 3, and prayer no.1 is not pressed by him. He submits that respondent no.3 has not taken any decision on the application of the petitioner seeking permission to fill up the post.
Learned counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction be issued to the authority concerned to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of permitting the petitioner to file a fresh representation before the respondent no.3- District Inspector of Schools, Fatehpur raising all his grievances within a period of three weeks from today. In case any such representation is filed by the petitioner, the respondent no.3 shall decide the same by reasoned and speaking order within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above.
Order Date :- 20.12.2019 Ravi Kant