Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2917 of 2018 Applicant :- Committee Of Management Urmila Vidhya Mandir Opposite Party :- Upendra Kumar And Another Counsel for Applicant :- Kushmondeya Shahi Hon'ble Manoj Kumar Gupta,J.
Opposite party no.1 has appeared in person in pursuance of order dated 17.7.2018. He has also filed his affidavit explaining the reasons why he could not take decision in compliance of order of the Writ Court. It is stated that he sought clarification from Director of Education, who after examining the matter, issued a Circular letter dated 26.4.2018 laying down guidelines, keeping in mind the judgement of this Court dated 31.1.2017 in Writ-A No.58220 of 2016 C/M of Nehru Kissan Vidyalaya Junior High School Vs. State of U.P. and 2 others. It is also stated in his explanation that he got transferred on 30.5.2018 and now the present incumbent has passed an order dated 20.8.2018 declining permission to proceed with the selection not on the ground that there is any ban but for the reason that as per student-teacher ratio prescribed under the provisions of Right of Children to Free and Compulsory Education, Act 2009, there are excess teachers already working.
Counsel for the applicant very fairly states that he would challenge the decision now taken by the present B.S.A. in appropriate proceedings.
Accordingly, the contempt application is consigned to record with liberty to the applicant to challenge the decision taken by the present B.S.A. in case it feels aggrieved thereby.
(Manoj Kumar Gupta, J) Order Date :- 24.8.2018 SL