Quashed

C/M Adarsh Shri Ram Sanskrit Mahavidyalaya and Another v. State of U.P. and 3 Others

Allahabad HC30 Aug 2018WRIA/10978/2016

Case brief

AI extract

What is this about?

The High Court set aside an order directing the appointment of a respondent on compassionate grounds. The bench directed a fresh determination by the District Inspector of Schools after hearing all parties, suspending the immediate appointment.

What did the court decide?

Impugned order of DIOS set aside; direction to pass fresh order after hearing parties within one month.

C/M Adarsh Shri Ram Sanskrit Mahavidyalaya and… — Service and Employment | Allahabad HC (2018)

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Court No. - 7

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Case :- WRIT - A No. - 10978 of 2016

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Petitioner :- C/M Adarsh Shri Ram Sanskrit Mahavidyalaya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Raj Singh,A.Singh,Ved Byas Mishra Counsel for Respondent :- C.S.C.,Mathura Prasad Mishra,Sanjeev Singh,Shantanu Khare

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Hon'ble Dinesh Kumar Singh,J.

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1. The present petition has been filed by Committee of Management of Adarsh Shri Ram Sanskrit Mahavidyalaya, Changapur, Leduka, Jaunpur (hereinafter referred to as "the Institution") impugning the order dated 26.02.2016 passed by the District Inspector of Schools, Jaunpur (hereinafter referred to as "the DIOS") whereby the Institution has been directed to appoint respondent No. 4 as Assistant Teacher (Sanskrit) on a supernumerary post under Dying-in-Harness Rules on compassionate ground.

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It has been further directed that respondent No.4 shall be adjusted after retirement of Shri Subhash Chand Upadhayaya, Assistant Teacher from service on 30th June, 2018.

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2. Sri Indra Raj Singh, representing the petitionerInstitution submits that the impugned order has been passed in violation of the provisions of the first Statute of Dr. Sampurna Sanskrit University, Varanasi, inasmuch as for appointment of teachers, qualifications and method of appointments are specifically provided. No appointment can be made in violation of the express provisions of the Statute and supernumerary post cannot be created for giving appointment on compassionate ground.

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3. On the other hand, Sri Sanjeev Singh, learned counsel representing respondent No.4 submits that the Institution imparts education from Junior High School onwards and the petitioner is not seeking appointment against a post of Lecturer (teacher) in Graduate and Post Graduate Classes.

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4. He further submits that the education being imparted up to Intermediate is governed by U.P. Madhyamic Sanskrit Siksha Parishad ,2000 and the salary etc., are paid by U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees Act), 1971. The Institution has painted a wrong and incorrect picture before the Court and on wrong facts, the interim order has been obtained. Respondent No.4 has never sought appointment on the post of Lecturer for teaching Graduate and Post Graduate classes but he is seeking appointment in Junior High School section and, therefore, if there is a post vacant as has been mentioned in the impugned order and respondent No.4 is qualified, he must be given appointment on the compassionate ground.

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5. Sri Ved Vyas Mishra, learned counsel representing respondent No.3-University submits that the Junior Sections are not governed by the Act and Statute of the University, only Graduate and Post Graduate Colleges are governed by the Statute and the Act of the University and the provisions of U.P. State Universities Act, 1973 have no application, so far as the Junior Section of the petitionerInstitution is concerned.

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6. Considering the rival submissions of the parties and with the consent of the parties the impugned order is set

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aside.

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7. The DIOS is directed to pass a fresh order after hearing the petitioner-Institution, respondent No.4 as well as University within a period of one month from the date of production of the certified copy of this order.

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8. It is also noted that post of Assistant Teacher has fallen vacant on retirement of Sri Subhash Chand Upadhayaya and that post shall not be filled up till the disposal of the case of respondent No. 4 by the DIOS. If the respondent No. 4 is found eligible and there is a post vacant in Junior section of the Institution, he shall be given appointment on compassionate ground or the D.I.O.S. may offer him appointment on some other post in the present Institution or some other Institution as per the relevant Rules.

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9. With the aforesaid directions/observations, the writ petition is finally disposed of.

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Order Date :- 30.8.2018

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sushama

C/M Adarsh Shri Ram Sanskrit Mahavidyalaya and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

C/M Adarsh Shri Ram Sanskrit Mahavidyalaya and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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