Court No. - 30
Case :- WRIT - A No. - 6681 of 2018 Petitioner :- Rakesh Kumar And 5 Others Respondent :- State Of U.P. Through Secretary () Education Department)Anubhag-12 And 3 Others Counsel for Petitioner :- Rakesh Bahadur,Praful Bahadur Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri Rakesh Bahadur, learned counsel for the petitioners and Sri Vivek Rai, learned Additional Chief Standing Counsel appearing for the respondents.
Present writ petition has been filed seeking a writ of mandamus commanding the respondent no. 3 to grant approval to the selection and appointment of petitioners as Assistant Teachers in the Primary Section of Lal Bahadur Shastri Higher Secondary Schools, Rakhookhor, Gorakhpur. A further prayer in the nature of mandamus commanding the respondents to pay the salary of the petitioners on the on the post of Assistant Teachers in the Primary Section of Lal Bahadur Shastri Higher Secondary Schools, Rakhookhor, Gorakhpur from the date of their joining on their post in the school has also been made.
By drawing attention to various documents, submission of learned counsel for the petitioners is that in the primary section attached to the High School of the Institution in question there are 19 sanctioned posts of Assistant Teachers out of which 13 teachers are working and 6 posts are admittedly vacant. Thereafter permission to proceed with the selection was granted by the District Inspector of Schools and accordingly proceedings were initiated as per law and thereafter the matter was send to the District Inspector of Schools for approval of such selection and appointment and for the purpose of payment of salary to the petitioners. The District Inspector of Schools on receiving further direction from the Joint Director of Education conducted fresh inspection/enquiry and submitted his report again in October, 2016. Thereafter, the Joint Director of Education referred the matter to the Director of Education (Secondary) for further direction in view of the Government Order dated 3.1.2017. The record reflects that till date no final decision has been taken.
Submission of learned counsel for the petitioners is that no such permission is required from the Director of Education and the financial sanction can be accorded by the District Inspector of Schools himself as permission to make selection has already been granted to the Committee of Management.
I find that in this respect the Joint Director of Education, 7th Region, Gorakhpur has written a letter dated 20.4.2017 and a reminder dated 17.7.2017 which includes issue of the present institution in question namely, Lal Bahadur Shastri Higher Secondary Schools, Rakhookhor, Gorakhpur.
Learned Additional Chief Standing Counsel submits that respondent no. 2 may be directed to take a final decision in the matter.
Accordingly, present writ petition stands disposed of with a direction to the respondent no. 2, the Director of Education (Secondary), U.P. 18 Park Road, Lucknow to decide the issue involved in the present case and he shall pass necessary orders, strictly in accordance with law, preferably within a period of three months from the date of production of a certified copy of this order before him and the decision may also be communicated to the lower authorities including the Joint Director of Education as well as the District Inspector of Schools and the petitioners also.
It is made clear that this Court has not examined the merits of the claim of the petitioners, which shall be looked into by the Director of Education himself while considering the case of the petitioners.
Order Date :- 28.2.2018 p.s.