Court No. - 58
Case :- WRIT - A No. - 2872 of 2019 Petitioner :- C/M, Gauri Shankar Indra Pal Singh Inter College, Saharanpur, And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Parmatma Nand Ojha,Abhishek Shekhar Ojha,Anurag Kumar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner Committee of Management has made a request for grant of permission to fill up the post of Class-IV employee in the institution. It is submitted that such permission was initially declined on the ground that the post itself was insisted upon to be filed by way of outsourcing. Submission is that in view of the Division Bench judgment of this Court in 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, dated 19.11.2018, outsourcing cannot be a ground to deny consideration and permission to fill up the post.
Learned Standing Counsel submits that an appropriate decision in the matter would be taken by the competent authority, in accordance with law.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon respondent no.4 to accord consideration to petitioner's claim, keeping in view the observations made in Principal, Abhay Nandan Inter College, Vishnu Mandir (supra), by passing a reasoned order, within a period of two months from the date of presentation of certified copy of this order. The provisions of unamended Regulation 101 framed under Chapter-III of the U.P. Intermediate Education Act, 1921 would be the basis for such consideration.
Order Date :- 22.2.2019 n.u.