The case is taken up through Video Conferencing.
Learned counsel for petitioners undertakes that he shall remove the defects pointed out by the Registry within a period of ten days of the withdrawal of lockdown restrictions.
Heard learned counsel for petitioners, Sri R.K. Singh Suryavanshi, learned counsel for O.P. No.2, and learned standing counsel for State.
Learned counsel for petitioner submits that the petitioner appointed on Class-4 post under Regulation 101 of U.P. Intermediate Education Act, 1921 by the Principal of the Institution. He submits that the Regulation 101 was amended by the State Government and it was provided that appointments on the class IV posts in the aided Schools shall be made by outsourcing only. The vires of said provision was challenged in Writ C- No.45060 of 2015 (Principal Abhay Nandan Inter College, Vishnu Mandir and another. Vs. State of U.P. and others) and other writ petitions. The said writ petitions were allowed and provision was held to be ultra vires. The said issue was raised before the Supreme Court in SLP (Civil) Diary No.18529 of 2019 (State of Uttar Pradesh and others. Vs. Principal, Abhay Nandan Inter College and others.) and the Supreme Court has stayed the operation of the aforesaid by its order order dated 19.11.2018 and the said SLP is still pending.
Learned standing counsel states that in view of the aforesaid, the present controversy can only be decided after decision of the aforesaid SLP and submits that grievance of petitioner would be sufficiently met in case the O.P. No.3, District Inspector of Schools, Ambedkarnagar is directed to pass appropriate order on the documents forwarded to him in the light of the final judgment as and when passed in the aforesaid SLP.
In view of aforesaid, the O.P. No.3 is directed to decide the matter in accordance with the final judgment as and when passed by the Supreme Court in the aforesaid SLP (Civil) Diary No.18529 of 2019 (State of Uttar Pradesh and others. Vs. Principal, Abhay Nandan Inter College and others.) is placed before him.
With the aforesaid, the writ petition is disposed of.
Order Date :- 31.5.2021 Rajneesh JR-PS)