Court No. - 6
Case :- WRIT - A No. - 573 of 2020 Petitioner :- C/M Shivdei Balika Junior High School, Pilibhit And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishal Tandon Counsel for Respondent :- C.S.C.,Amit Shukla
Hon'ble Pankaj Bhatia,J.
The present writ petition has been filed challenging the order dated 27.12.2019 whereby the place taken for appointment on the post of Principal/Head Master, Junior High School has been kept in abeyance on the ground that a Writ Petition No. 19021 of 2018 is pending consideration before this Court.
The contention of the counsel for the petitioner is that after superannuation of Head Mistress of the school in question, steps were taken for appointment of the Head Mistress. In this regard, a resolution was also passed by the Committee of Management and was submitted before the Respondent No. 4.
It is argued that several communications ensued in between the petitioner and the Respondents No. 3 and 4, however, subsequently, an order dated 27.12.2019 came to be passed mentioning therein that a Writ Petition No. 19021 of 2018 was pending in the High Court and further direction were sought with regard to filling the post of Head Mistress in terms of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. He argues that although no specific orders restraining the appointment are apparent from the order impugned, however, in the note of the said order dated 27.12.2019, the process of appointment was stayed till further orders in view of pendency of Writ Petition No. 19021 of 2018.
Counsel for the petitioner submits that the same is related to taking the institution in grant-in-aid list, which has nothing to do with the appointment of the Head Mistress.
In any view of the matter, the institutions cannot be allowed to continue without Head Mistress for an indefinite period. Even otherwise also, from a perusal of the said order, it makes it clear that same was in the nature of opinion sought and staying the process indefinitely does not enures anyones benefit. Accordingly, the order dated 27.12.2019 is set aside insofar as it restrains the appointment of the Head Mistress.
The process of appointment shall be taken afresh and in accordance with law.
The writ petition stands disposed off.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 13.8.2021 vinay