Court No. - 58
Case :- WRIT - A No. - 10465 of 2018 Petitioner :- Committee Of Management Sri Ajeet Nath Jain Inter College And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Mishra,Rahul Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 10.4.2018, whereby the District Inspector of Schools has refused to grant permission to fill up one post of class IV employee (Sweeper) in the institution. The order states that such post is required to be filled by outsourcing as there is ban imposed for making of recruitment.
Learned counsel for the petitioner submits that regulation 101, as amended, clearly exempts a minority institution from the requirement of post being filled by outsourcing.
It is not in dispute that institution concerned is a minority institution. This Court in Vipin vs. State of U.P. and others reported in 2013 (7) ADJ 274 has been pleased to observe that ban is no longer operative as a ground to refuse permission for filling up the post. Submission is that in view of the aforesaid proposition, the order impugned cannot be sustained.
Learned Standing Counsel submits that the authority concerned shall re-visit the issue.
In such circumstances, the order refusing to grant permission to fill up the post cannot be sustained in view of the law laid down in Vipin (supra) and is quashed. The authority concerned shall revisit the issue keeping in view the observations made above, within a period of two months from the date of presentation of certified copy of this order.
Writ petition is accordingly disposed of.
Order Date :- 24.4.2018 Ashok Kr.