Court No. - 58
Case :- WRIT - A No. - 27182 of 2018 Petitioner :- Neeraj Vishwakarma And Anothers Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed with the allegation that petitioners have been appointed by the Committee of Management, after issuing advertisement in Sanskrit institution, but payment of salary is not being released to the petitioners. Reliance is placed upon a Government Order dated 21.4.1998, as also a direction issued by this Court on 27.11.2018 in Writ Petition No.24909 of 2018.
Learned Standing Counsel points out that the Sanskrit institution is upto secondary level and therefore, the Uttar Pradesh Board of Secondary Sanskrit Education Act, 2000, as well as the Uttar Pradesh Board of Secondary Sanskrit Education (Appointment and Conditions of Service of Head of Institutions, Teachers and others Employees of the Institution) Rules, 2009, would be applicable, which provides for a detailed procedure for appointment to be made in such institution. It is stated that the Act of 2000 as well as Rules of 2009 have not been taken note of by this Court while passing the order dated 27.11.2018 and therefore, no direction is required to be issued for consideration of petitioners' claim for appointment.
It is not in issue that the institution is upto secondary level and the provisions of the Act of 2000 are attracted. Once that be so, the appointment will have to be made in accordance with the Rules of 2009. Rule 9 lays down a complete procedure for such purposes. Since the order dated 27.11.2018 had been passed without taking note of the Act of 2000 as well as the Rules of 2009, petitioners would not be entitled to any parity with it. In such circumstances, no direction can be issued to direct the respondents to consider the claim of petitioners for appointment.
Writ petition, accordingly, is dismissed.
Order Date :- 19.12.2018 Anil