Court No. - 58
Case :- WRIT - A No. - 27568 of 2018 Petitioner :- C/M, Smt. Gunraji Devi Balika Uchchatar Madhyamik Vidyalaya, Deoria, And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kedar Nath Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Committee of Management of the institution concerned claims to have appointed petitioner no. 3 as a Class-III employee in the institution concerned, against substantive vacancy. It is stated that twice letters were sent to the authorities for grant of permission to fill up the post but as no decision was taken upon it, petitioner committee proceeded to make appointment within the sanctioned approved strength of Class-III employees.
Submission is that post was duly advertised and fair process of selection was resorted to. This appointment, however, was disapproved by the order impugned dated 5.10.2018 on the ground that prior permission has not been obtained from the authorities.
Learned counsel for the petitioner relies upon the order passed by this Court in Abhishek Tripathi Vs. State of U.P. and others, 2015 (3) AWC, 2223 to contend that the prior permission would not be a ground to deny approval in case the appointment is otherwise within the sanctioned strength and fair procedure has been followed. Submission is that at the time of grant of approval, all such aspects can be taken note of and mere absence of prior permission, would not be fatal.
Learned Standing Counsel submits that the authorities concerned be permitted to revisit the issue in light of the law laid down by this Court in Abhishek Tripathi (supra).
Considering the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon respondent no.4 to re-consider petitioner's claim for appointment, keeping in view the law laid down Abhishek Tripathi (supra), by passing a reasoned order, within a period of three months from the date of presentation of certified copy of this order. In order to facilitate a fresh consideration of cause, the order impugned dated 5.10.2018 stands quashed.
Order Date :- 20.12.2018 n.u.