Court No. - 18
Case :- WRIT - A No. - 8881 of 2018 Petitioner :- C/M Vindra Girls J.H.S. Rajwan Bazar, Meerut Cantt, Meerut Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State respondents and Shri Shivam Yadav, Advocate appearing for third respondent.
Petitioner Committee of Management is assailing the order impugned dated 09.03.2018 passed by the District Basic Education Officer, Meerut wherein the Circular dated 03.06.2016 has been relied by the respondent and had declined to accord approval for appointment in the Institution on the ground that the State Government has put a ban for recruitment of teachers and others employees.
Learned counsel for the petitioner has drawn attention of the Court to two Govt. Orders dated 4.11.2015 and 15.9. 2014, whereby the State Govt. has relaxed the ban and in the Govt. Order dated 15.9.2014 a specific direction has been issued to fill up vacant 800 posts of Headmaster, 1444 posts of assistant teachers and 525 posts of non teaching staff. He has further placed reliance upon judgment of this Court in Committee of Management, Nehru Kissan Vidyalaya Junior High School Vs. State of U.P. and others, Writ-A No. 58220 of 2016, decided on 31.1.2017. The said matter was also in respect of a recognized and aided junior high school and the issue which fell for consideration in the said case, is identical and similar which arises in the present case.
I have heard learned counsel for the petitioner and learned standing counsel appearing for the respondents. As there is no factual dispute involved, no useful purpose would be served by calling response from the respondents and keep the matter pending. Hence, with the consent of counsel for the parties, the petition is being disposed of at the admission stage itself in terms of the Rules of the Court.
In view of the above, the order impugned dated 09.03.2018 is unsustainable. Accordingly, it is set aside and the matter is remitted to the District Basic Education Officer, Meerut to consider the matter afresh in the light of observations made hereinabove. The said exercise be completed after affording opportunity to the petitioner-committee of management, expeditiously preferably within two months from the date of communication of the order.
With the above direction, the writ petition stands finally disposed of. No order as to costs Order Date :- 29.3.2018 A. Pandey