Court No. - 19
Case :- WRIT - A No. - 27341 of 2018 Petitioner :- Smt. Rachna Hills And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Gopal Tripathi,Kunwar Bhadur Dixit,Shri Radha Kant Ojha, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
An affidavit has been filed by the Joint Secretary, Secondary Education, U.P., in compliance of previous order dated 16.1.2019. It is stated in the affidavit that order impugned in the instant writ petition dated 11.10.2018 by the District Inspector of Schools having been found to be illegal and in the teeth of order of this Court dated 7.5.2018 in Writ Petition No.11283 of 2018, has been cancelled. The affidavit further mentions that against the order dated 7.5.2018, Special Appeal was filed but which was dismissed by this Court on 16.1.2019. Learned standing counsel further states that a Special Leave Petition has been filed before the Supreme Court challenging the order passed by the Writ-Court and in Special Appeal. He admits that its disposal would take some time. He has no objection in case District Inspector of Schools is directed to take fresh decision regarding grant of approval to selection in question.
Sri R. K. Ojha, learned senior counsel appearing on behalf of the petitioners points out that this Court has made serious observations against respondent no.3 in its previous order. He submitted that in such circumstances, some other officer should be directed to decide the matter.
Learned Addl. Chief Standing Counsel appearing on behalf of the State Government states that Joint Director of Education of the Region concerned, who is higher officer, be permitted to take decision in the instant case, to which Sri R.K. Ojha, learned senior counsel has no objection.
Leave granted to learned counsel for the petitioners to implead Joint Director of Education, Kanpur Region, Kanpur as the fifth respondent.
Accordingly and as agreed to by learned counsel for the parties, the writ petition is disposed of with direction to the newly impleaded respondent to consider the case of the petitioners for grant of approval to their appointment as Assistant Teacher in accordance with law expeditiously, preferably within a period of four weeks from the date of receipt of certified copy of this order.
(Manoj Kumar Gupta, J.) Order Date :- 29.1.2019 skv