Court No. - 19
Case :- WRIT - A No. - 57491 of 2017 Petitioner :- C/M,Janta Purva Madhyamik Vidyalaya Harpur Pakadi & Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.,Mohd Shere Ali
Hon'ble Suneet Kumar,J.
The Committee of Management of a Junior High School has instituted this petition aggrieved by the order of District Basic Education Officer dated 9 November 2017, whereby he has declined permission to the management to advertise the vacant post of assistant teachers on the ground that Circular/communication dated 3.6.2016 of the Director has fixed some time schedule for completion of the selection and the said period is already over.
Learned counsel for the petitioner has placed reliance upon judgment of this Court in C/M of Nehru Kissan Vidyalaya Jr. High School Vs. State of U.P. and others, Writ.-A No. 58220 of 2016, wherein the same circular fell for consideration and the Court opined that there is no legal impediment in continuing the recruitment process even after the date provided in the said circular. The Court has expressed its view in the said case as follows :
"The object of the circular letter dated 3 June 2016, in the opinion of the Court, was to ensure expeditious completion of the selection process. There is no indication in the circular letter dated 3 June 2016 that in case selection process is not completed by the prescribed date, then the management is not entitled to fill up vacant posts. In such view of the matter, this Court is of the opinion that the impugned communications issued by the District Basic Education Officer, in so far as it declines permission to the management to advertise the vacant posts is wholly unsustainable in law and it is accordingly quashed. The matter is remitted back to the third respondent for reconsideration of the request of the management for granting approval to fill up the vacant posts. The aforesaid exercise shall be conducted by the third respondent within a period of six weeks from the date of production of a certified copy of this order.
The writ petition stands allowed to the extent indicated above."
Sri Shere Ali appearing for the BSA has vehemently opposed the writ petition.
Having due regard to the fact that same circular has been considered by this Court and the Court has held that the circular does not cause any impediment, I find that the view taken by the BSA in the impugned order is contrary to law laid down in the aforesaid case and the order impugned is liable to be set aside.
remitted to the second respondent - BSA to pass order afresh bearing in mind the law laid down in C/M of Nehru Kissan Vidyalaya Jr. High School case (supra ) expeditiously within six weeks from the date of communication of the order.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 1.12.2017 K.K. Maurya