Court No. - 25
Case :- WRIT - C No. - 30039 of 2015 Petitioner :- Sri Jagat Devi U.M. Vidhyalaya And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Upadhyay,Ashok Khare Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh With Case :- WRIT - C No. - 30069 of 2015 Petitioner :- C/M Adarsh Gramya Junior High School And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Upadhyay,Ashok Khare Counsel for Respondent :- C.S.C.,A.K. Yadav,Gaurav Prasad Mishra,Guru Prasad Mishra With Case :- WRIT - C No. - 30064 of 2015 Petitioner :- C/M Standard Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Upadhyay,Ashok Khare Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
In Writ Petition No. 30069 of 2015 and 30064 of 2015 the following prayers have been made:
(1) Issue a writ order or direction in the nature of mandamus commanding / directing the respondents not to implement / impose and apply the conditions of circular dated 31.3.2015 and 6.4.2015 with regard to the minimum standard of 4 Assistant Teachers +1 Headmaster so far as relates to the petitioners' institution.
(2) Issue a writ order or direction in the nature of mandamus commanding / directing the respondents to permit the petitioners for filling up the vacncies of 08 Assistant Teachers which are duly created and sanctioned in the institution lying vacnt at present in the petitioners' institution for which permission has been sought by the petitioners from the competent authority.
(3) Issue a suitable writ, order or direction in the nature of mandamus directing the respondents to approve the duly selected Assistant Teachers and accord admissible payment of salary to the selcted and appointed Assistant Teachers in the petitioners' institution in accordance with the law.
(4) Issue any order writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(5) Award cost of the petition in favour of the petitoners.
In Writ Petition No. 30039 of 2015 the following prayer has been made:
"(1) Issue a writ order or direction in the nature of mandamus commanding / directing the respondents not to implement / impose and apply the conditions of circular dated 31.3.2015 and 6.4.2015 with regard to the minimum standard of 4 Assistant Teachers +1 Headmaster so far as relates to the petitioners' institution.
(2) Issue a suitable writ order or direction in the nature of mandamus commanding/directing the respondents to permit the petitioners for filling up the vacancies of 03 Assistant Teachers and 01 post of clerk which are duly created and sanctioned in the institution lying vacant at present in the petitoners' institution for which permission has been sought by the petitoners from the competent authority.
(3) Issue a suitable writ, order or direction in the nature of mandamus directing the respondents to approve the duly selected Assistant Teachers and accord admissible payment of salary to the selcted and appointed Assistant Teachers in the petitioners' institution in accordance with the law.
(4) Issue any order writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(5) Award cost of the petition in favour of the petitoners.
During the course of the arguments, learned counsel for the petitioner placed before the Court an order passed in Writ Petition No. 36910 of 2016 in which the Committee of Management, the petitioner in that writ petition had made the following prayer:
"(1). Issue a writ order or direction in the nature of Mandamus commanding/directing the respondents not to implement/impose and apply the conditions of circular dated 31.3.2015 and 6.4.2015 with regard to the minimum standard of 04 Assistant Teachers + 01 Headmaster so far as relates to the petitioners' institution.
(2). Issue a suitable writ, order or direction in the nature of mandamus commanding/directing the respondents to permit the petitioners to fill up the vacancies of 02 Assistant Teachers and 01 post of peon in the institution forthwith under the command of this Hon'ble Court."
This writ petition was decided on 23.2.2018 and a direction was issued to the District Basic Education Officer to examine the existence of duly sanctioned posts existing in the Institution and thereafter to proceed to permit the Committee of Management to fill up the posts in accordance with law. There was a specific direction in that writ petition that sanctioned posts should not be automatically in view of the circular of the Director dated 7/1/2015 be reduced in any manner. The further direction was that the exercise of ascertaining the duly sanctioned posts had to be completed by the officer concerned within two months from the date of presentation of a certified copy of that order.
Since the reliefs claimed in the three writ petitions which are being decided by this order are the same to the ones which were prayed for in Writ Petition No. 36910 of 2016, this writ petition is also being decided in terms of the order passed on 23.2.2018 in Writ Petition No. 36910 of 2016 and a direction is being issued to the District Basic Education Officer to examine the existence of duly sanctioned posts existing in the institutions in terms of Rule 7(3) of the U.P. Recognized Basic Schools (Junior High School) (Recruitment and conditions of Service of Teachers) Rules , 1978 and thereafter to proceed to permit the Committee of Management to fill up those posts in accordance with law. Needless to say that the sanctioned post would not be considered to be automatically reduced in view of the circular dated 7.1.2015 and the consequential circulars dated 31.3.2015 and 6.4.2015..
It is being directed that decision would be taken by the District Basic Education Officer within a period of two months from the date of presentation of a certified copy of this order.
The writ petition is disposed of.
Order Date :- 28.5.2018 Ashish Pd.