Court No. - 19
Case :- WRIT - A No. - 9111 of 2019 Petitioner :- Smt. Sunita Yadav And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioners claim that they were appointed as assistant teachers in Adarsh Sanskrit Madhyamik Vidyalay, Jamdeeh Marikpur, Jaunpur, which is affiliated of Sampoornanand Sanskrit University, Varanasi. They have filed the instant petition seeking a mandamus commanding the District Inspector of Schools to accord approval to their appointment. Learned counsel for the petitioners points out that the institution is an unaided institution. All the papers relating to their selection and appointment were forwarded by the Management to the District Inspector of Schools for obtaining financial approval in terms of Government Order dated 10.10.2012. Since no decision has been taken in the matter, therefore, the instant petition has been filed.
Learned standing counsel points out that in the year 2009, the Uttar Pradesh Board of Secondary Sanskrit Education (Appointment and Conditions of Service of Heads of Institutions, Teachers and other Employees of the Institution) Rules, 2009 have come into force. These Rules prescribe a detailed procedure and also stipulates that before making any appointment, prior approval of the Inspector, Sanskrit Schools, Uttar Pradesh, Allahabad is to be obtained. He submitted that it is not clear from the pleadings as to whether the procedure prescribed under the Rules have been followed or not.
In the opinion of the Court, since the documents relating to appointment of the petitioners are still pending consideration before the District Inspector of Schools, therefore, interest of justice would be served in directing him to examine the claim of the petitioners in the light of Government Orders relied upon by them as well as the Rules mentioned above within a period of twelve weeks from the date of receipt of a certified copy of this order alongwith fresh representation.
It is ordered accordingly.
The petition stands disposed of.
(Manoj Kumar Gupta, J) Order Date :- 29.5.2019 SL