Court No. - 19
Case :- WRIT - A No. - 6683 of 2019 Petitioner :- C/M, Janta Adarsh Inter College, Meerut, And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the petitioners and also learned counsel appearing for the respondents.
Present petition has been filed by the Committee of Management, Janta Adarsh Inter College Kapsad District Meerut through its Manager Shiv Kumar.
Sri Suyash Pandey learned counsel for the petitioners submits that the the petitioners had approached this Court earlier by way of filing Writ A No 19019 of 2018 to ventilate his grievances that the District Inspector of Schools may take a decision for permission for filling up the post of Asstt Clerk in the aforesaid Institution. The said writ petition was disposed of vide order dated 7.9.2018. The relevant part of the order aforesaid is reproduced below.
"In the meantime, the District Inspector of Schools, Meerut may take a decision on the recommendations sent by the Committee of Management on 12.7.2017 seeking permission for filling up the post of Assistant Clerk in the Janta Adarsh Inter college Kapsad district Meerut."
When the said order was not honoured in compliance, the petitioners were compelled to approach this Court by filing a contempt petition (Civil) No.
149 of 2019. However, the same was disposed of vide order dated 14.3.2019. The said order being relevant is reproduced below.
" After arguing the matter at length, learned counsel for the Applicant submits that he may be permitted to withdraw the present petition with liberty to the applicant to pursue the pending writ petition to its logical conclusion on merits."
The contempt petition, is accordingly, disposed of as withdrawn with the aforesaid liberty."
The petitioner now again approached this Court seeking the following reliefs.
by way of filing instant writ petition.
"(i) issue a writ, order or direction in the nature of mandamus commanding the respondent no 2 to take decision n the case of the petitioner on the issue as claimed lby him.
(ii) issue any other suitable writ order or direction in which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
He further submits that the first request by the Management Committee was made on 17.7.2018. However till date, no decision has been taken by the respondent no 2.
The learned counsel appearing for all the respondents submits that the appropriate direction may be issued so that the respondent may take appropriate decision at the earliest.
Accordingly, this petition is disposed of studded with the direction to the respondent no 2 to take a decision in accordance with law on the grievances raised in this petition within four weeks from the date of production of a certified copy of this order along with copy of the writ petition. and fresh representation before the respondent no 2.
Order Date :- 30.4.2019 MH