Court No. - 58
Case :- WRIT - A No. - 12847 of 2018 Petitioner :- C/M V.V. Inter College Shamli And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Upendra Singh,Suvarna Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondents 1, 2 and 3 and perused the record.
Considering the nature of the order that is being passed, this Court does not consider it necessary to invite counter affidavit from the respondents and, therefore, with the consent of learned Standing Counsel this writ petition is being disposed of finally.
The prayer of the petitioner is that District Inspector of Schools, Shamli be commanded to forward the papers before the Director of Education (Secondary), Lucknow to consider and pass appropriate order on the prayer of the petitioner seeking permission to make appointment on class-III posts in an institution named V. V. Inter College, Shamli.
The case of the petitioner is that under the amended regulation 101 of Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921 permission to fill up Class-III posts is to be granted by the District Inspector of Schools of the district concerned after obtaining clearance from the Director of Education (Secondary). It is the case of the petitioner that already an application has been moved by the petitioner before the District Inspector of Schools, Shamli, but the said papers have not been forwarded to the Director of Education (Secondary), therefore no permission has been granted and the institution is suffering.
Considering the nature of the prayer of the petitioner as also the facts and circumstances of the case, this writ petition is disposed of giving a direction to the District Inspector of Schools, Shamli to forward the papers relating to the claim of the petitioner for grant of permission to make appointment on Class-III posts in the institution to the Director of Education (Madhyamik)(second respondent) within a period of three weeks from the date of filing certified copy of this order in his office after ascertaining whether necessary papers regarding permission have been received in his office or not. It is further provided that once the District Inspector of Schools, Shamli forwards the paper to the Director of Education (Secondary) for grant of such permission, the Director of Education shall proceed to examine the matter and pass appropriate order within a period of six weeks from the date of receipt of such papers from the office of the District Inspector of Schools, Shamli. It is made clear that this Court has not expressed any opinion on the merits of claim of the petitioner which shall be considered and decided in accordance with law after verifying the facts from the record.
Order Date :- 28.5.2018 Ashok Kr.