Heard Shri G.K. Singh, learned Senior Advocate assisted by Shri P.K. Upadhyay for the petitioners and Shri Suryabhan Singh, learned Standing Counsel for the respondents.
Present writ petition is preferred by the petitioners seeking following reliefs:-
"1) Issue a suitable writ, order or direction in the nature of certiorari quashing the impugned order dated 12.7.2021 passed by the respondent no.4 (Annexure No.6) to the writ petition.
2) Issue suitable writ, order or direction in nature of mandamus commanding/directing the respondent no.4 to accord financial approval to the selection and appointment of 07 Assistant Teachers and 01 Junior Clerk.
3) Issue suitable writ, order or direction in nature of mandamus commanding/directing the respondent no.5 to pay and release the admissible salary to the 07 Assistant Teachers and 01 Junior Clerk from due date i.e. date of joining on 25.5.2021."
The matter was taken up on 02.8.2021 and on the said date, the Court had proceeded to pass following order:-
"Shri G.K. Singh, learned Senior Advocate submits that the District Inspector of Schools, Prayagraj i.e. respondent No. 4 has completely misdirected himself while passing the order impugned treating the selection and appointment of the teaching and non teaching staff of the institution in question under U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 read with 7th Amendment Rules, 2019 whereas the entire selection process has been carried out strictly in accordance with the provisions contained under the U.P. Intermediate Education Act, 1921 and the regulations framed thereunder. He submits that on similar facts and circumstances, this Court has taken serious view in Writ A no. 28718/2017 (Mohd. Tariq and another vs. State of U.P. and others) and imposed cost of Rs.5,000/- on the said officer.
It is also settled by this Court that aided junior high school after its upgradation under the relevant provisions of Intermediate Education Act, 1921 and regulations framed thereunder the selection and appointment are to be ensured as per Intermediate Education Act, 1921 and regulations framed thereunder. Ref: Writ Petition No. 5512 of 2018 (Rana Vijendra Pratap Singh Vs. State of U.P. and others) order dated 16.01.2019. It is duty cast upon the authority to proceed strictly as per law and the District Inspector of Schools has failed to exercise his power with due care.
Before proceeding in the matter, let Ms. Uttara Bahuguna, learned Standing Counsel seek necessary instructions in the matter.
Put up as fresh on 11.08.2021."
In response of the aforesaid order, Shri Suryabhan Singh, learned Standing Counsel has placed detailed instructions dated 09.8.2021 indicating therein that the District Inspector of Schools, Prayagraj has already withdrawn the impugned order and as such, the cause of filing the present writ petition no more survives.
In the facts and circumstances, the writ petition stands disposed of finally with direction to the respondents to proceed and decide the matter strictly in accordance with law expeditiously, after affording opportunity of hearing to all the stakeholders in the matter.
Order Date :- 16.8.2021 RKP