Court No. - 58
Case :- WRIT - A No. - 10661 of 2018 Petitioner :- C/M, M.S. Inter College And Another Respondent :- Director Of Education Lucknow And 3 Others Counsel for Petitioner :- Vinod Kumar Singh,Manvendra Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 20.11.2017, passed by the District Inspector of Schools, Bulandshahr, refusing to grant permission to the Committee of Management to fill up the vacant class III post on the ground of ban imposed by the State on 15.3.2012.
The question relating to propriety and legality of ban has been subject matter of consideration before this Court in Vipin vs. State of U.P. and others reported in 2013 (7) ADJ 274. This Court after considering the various Government Orders has been pleased to hold that the ban cannot be pressed for the purposes of denying permission to fill the post. The aforesaid judgment in Vipin (supra) has subsequently been followed in series of orders passed by this Court latest being in the case of Abhendra Anand Singh vs. State of U.P. and others reported in 2017 (2) ADJ 23. The regulations have also been amended in the year 2014 and different procedure is now contemplated for the purposes of considering request of the Committee of Management to grant approval to fill up the post.
In such circumstances, for the reasons already recorded in the judgment in Vipin (supra), the order of Inspector dated 20.3.2018 cannot be sustained and is accordingly quashed. Matter is remitted back to respondent no.4 to consider the grant of permission to the petitioner, strictly in view the provisions contained under the amended regulation 101. The Inspector shall transmit all relevant facts/details to the office of Director, who shall accord consideration to such request, within a period of six weeks from the date of receiving of details from the Inspector. A consequential order shall be passed by the Inspector. Such exercise shall be concluded within a period of two months from the date of presentation of certified copy of this order.
With the aforesaid observations, this writ petition stand disposed of.
Order Date :- 26.4.2018 Ashok Kr.