Court No. - 39
Case :- WRIT - A No. - 14751 of 2019 Petitioner :- Poorve Madhyamik Vidyalaya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sudhakar Pandey Counsel for Respondent :- C.S.C.,Arun Kumar
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent nos. 1 to 4 and Sri Arun Kumar, learned counsel for respondent no. 5.
Sri Arun Kumar, learned counsel for respondent no. 5 has raised preliminary objection that this petition is not maintainable as it has been filed by Principal, who has no authority to appoint the teacher. In support of his contention, he placed reliance upon judgement of this Court in Writ A No. 10710 of 2019 (Smt. Dharmraji Devi Ganga Prasad Singh Uchchatar madhyamik Vidyalaya and another Vs. State of U.P. and 5 others) decided on 23.07.2019.
On the other hand, learned counsel for the petitioner could not dispute the legal objection raised by learned counsel for respondent no. 5, but submitted that institution is run by authorized controller, who is a government servant and would not come before the Court against the State. He next submits that due to shortage of one Assistant Teacher, proper teaching could not be performed in the school.
Under such facts and circumstances, this petition is not maintainable and is accordingly, dismissed.
However, in case authorized controller submits any application before respondent no. 5 for permission to fill-up the vacant post, respondent no. 5 shall consider the same and also consider the requirement of teacher as provided in Government Order dated 15.01.2019 and if it is found that there is requirement of teacher, he shall proceed to pass order for fulfilling the vacant post within a period of one month from the date of submission of application by the authorized controller along with certified copy of the order.
Order Date :- 26.9.2019 Arvind