Court No. - 37
Case :- WRIT - A No. - 11687 of 2019 Petitioner :- C/M, Gauri Shanker Indrapal Singh Inter College, Saharanpur, And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Shekhar Ojha,Parmatma Nand Ojha Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Learned counsel for the petitioner prays that he may be permitted to implead the Director of Education (Secondary), U.P.Lucknow as respondent no.5 in the array of the parties to the writ petition.
Learned counsel for the petitioner is permitted to do so during the course of the day.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State- respondents.
The petitioner no.1 is the Committee of Management and the petitioner no.2 is the Principal, who have filed this writ petition on the ground that the Director of Education (Secondary) has declined to grant approval for filling up Class-
IV Post in the Institution. The Institution is an Intermediate College by the name of Gauri Shanker Indrapal Singh Inter College, Saharanpur. The said institution is an aided Institution and is governed by the provisions of U.P.Intermediate Education Act, 1971.
It is submitted that the petitioner had earlier taken permission to fill up Class-IV Post in the Institution, which was declined only on the ground that the said post has to be filled only through outsourcing, which led the petitioners for filing a writ petition before this Court being Writ A No. 2872 of 2019, which was disposed of by order dated 22.6.2019 with the direction to the respondents to consider the claim of the petitioner in the light of the judgment rendered in the case of Principal, Abhay Nandan Inter College, Vishnu Mandir and another Vs. State of U.P. and others passed in Writ Petition (C) No.45060 of 2015 vide judgment and order dated 19.11.2018. The ground for challenge is that the direction as contained in the said judgment is being contemplated to be challenged before the Supreme Court and as such no appointment could be made.
It is not disputed that the judgment in Principal, Abhay Nandan Inter College (supra) is still a good law and no Court has passed any interim order against the said judgment and, therefore, the law prevails as of today and the Education Authorities cannot deny permission that they are contemplating to file SLP before the Supreme Court.
The writ petition is disposed of with the direction to the authority concerned to pass orders with regard to grant of permission to fill up the vacancy, in accordance with law, ignoring the order dated 21.5.2019 (Annexure-13 to the writ petition) passed by the Director of Education (Secondary). The said decision shall be taken, as far as possible, within a period of two months from the date a certified copy of this order is presented before the authority concerned.
Order Date :- 30.7.2019 SKM