Court No. - 58
Case :- WRIT - A No. - 27495 of 2018 Petitioner :- Deepti Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Srivastava,Akhilesh Kumar,Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against the order passed by the District Inspector of Schools (2nd), Meerut, dated 12.11.2018, whereby petitioner's appointment in the minority institution has been disapproved, on the ground that no resolution was passed by the Committee of Management for initiating appointment process, and that the proceedings of selection etc. have not been furnished alongwith the recommendation of the proposal. It is also stated that since the right of appointment vests with the Committee of Management, therefore, the Principal has no right to communicate, or to conduct the appointment itself. The order is assailed on the ground that Committee of Management, by a specific resolution passed on 4.8.2017, had authorized the Principal for taking steps to fill up the post. Submission is that this aspect was taken note of when the District Inspector of Schools granted permission for filling up of post on 6th October, 2017. It is stated that all documents have been submitted and that the finding in the order that necessary records and documents have not been furnished including the proceedings of selection, are factually incorrect and, therefore, unsustainable.
Learned Standing Counsel has supported the order for the reasons recorded therein.
From the perusal of records, this Court finds that factual aspects which have been relied upon to non-suit the petitioner's claim, are seriously disputed. It is alleged that resolutions were passed by the Committee of Management and the same have also been sent earlier to the Inspector. It is also stated that proceedings of selection have also been furnished before the Inspector, but the same has not been taken note of.
In the facts and circumstances, noticed above, it would be appropriate to permit the petitioner to represent against the order of the Inspector dated 12.11.2018, by specifically annexing all documents, on the basis of which objection has been taken by the Inspector to non-suit the petitioner. The documents in that regard would be submitted with a parawise explanation of all the objections taken together with certified copy of this order, within a period of two weeks from today. In case such a representation is made, the District Inspector of Schools, shall afford an opportunity of hearing to the Committee of Management and proceed to pass a fresh order within a further period of three months, thereafter. The order of District Inspector of Schools, Meerut, dated 12.11.2018 shall remain subject to the orders that would be passed hereinafter, as indicated above.
Order Date :- 20.12.2018 Ranjeet Sahu