Dismissed

C/M Jain Kanya Uchchatar Madhaymik Vidyalaya Shikohabad and Another v. State of U.P. and 2 Others

Allahabad HC16 Jul 2018WRIA/15166/2018

Case brief

AI extract

What is this about?

This writ petition challenged the joint director's order rejecting a recommendation for the appointment of a Principal at a minority educational institution. The court found that since the post was revived by the higher authority without fresh creation sanction, the petitioner's failure to fill it via advertisement made the subsequent recommendation non-compliant, leading to dismissal.

What did the court decide?

Writ petition dismissed; order leaves petitioner open to take steps in terms of the revival order.

C/M Jain Kanya Uchchatar Madhaymik Vidyalaya… — Service and Employment | Allahabad HC (2018)

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Court No. - 7 Case :- WRIT - A No. - 15166 of 2018 Petitioner :- C/M Jain Kanya Uchchatar Madhaymik Vidyalaya Shikohabad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vineet Kumar Singh,Shri H.N. Singh, Sr. Advocate Counsel for Respondent :- C.S.C.

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Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri H.N. Singh, learned Sr. Advocate, assisted by Sri Abhishek Singh, learned counsel for the petitioner and the learned standing counsel for the respondent.

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This writ petition has been filed praying for the following relief:

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"(i) Issue a suitable writ, order or direction in the nature of certiorari quashing the impugned order dated 18.05.2018 passed by the Joint Director, Secondary Education, Agra Region, Agra (Annexure No.7 to the writ petition).

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(ii) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned order referred to above and accord approval to the appointment of Smt. Mamta Jain as Principal of Jain Kanya Uchchatar Madhaymik Vidyalaya, Shikohabad, Firozabad.

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(iii) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondents to permit Smt. Mamta Jain to discharge and function to the post of Principal of Jain Kanya Uchchatar Madhaymik Vidyalaya, Shikohabad, Firozabad and she may be paid salary month to month, if and when, the same falls due."

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Briefly stated facts of the present case are that it appears that the post of Principal could not be filled by the petitioner and as such an application for revival dated 4.12.2017 was submitted. In the mean time, the petitioner filed Writ - A No.-7228 of 2018 which was disposed of by order dated 5.3.2018 as under:

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"Heard Sri Vineet Kumar Singh, learned counsel for the petitioner and Sri Vivek Rai Additional Chief Standing Counsel.

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With the consent of the parties the writ petition is being decided without calling any counter affidavit.

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The petitioner, Committee of Management Jain Kanya Uchchatar Madhaymik Vidyalaya, Shikohabad, Firozabad is before this Court with a prayer for commanding the District Inspector of Schools, Firozabad to transmit relevant record along with representation of the petitioners dated 4.12.2017 for grant of fresh sanction of creation of post of Principal in Jain Kanya Uchchatar Madhaymik Vidyalaya, Shikohabad, Firozabad.

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Record in question reflects that the aforementioned institution is a registered society under the provisions of the Societies Registration Act, 1960. The said society runs an educational institution in the name and style of "Jain Kanya Uchchatar Madhaymik Vidyalaya, Shikohabad, Firozabad. The institution is recognized institution under the provisions of the U.P. Intermediate Education Act, 1921 for running classes from VI to X are applicable.

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Record in question further reflects that the institution is on grant-in-aid list of the State Government and as such the provisions of Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 is also applicable. It has also been mentioned that institution in question is a Minority Educational Institution covered under Section 2 (G) of the National Commission For Minority Educational Institutions Act, 2004.

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Learned counsel for the petitioners submits that in view of the provision contained in Regulation 20 of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921 and in

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view of the judgment laid down by a Division Bench of this Court in the case of Tariq Maqbool and others Vs. State of U.P. and others reported in 2015 (1) ADJ 650, provides that where the Committee of Management of a minority institution has failed to advertise any sanctioned posed of the head of the institution and teachers having been fallen vacant within a period of three months from the date of such vacancy, such post shall be deemed to have been surrendered and shall not been filled up unless its creation is sanctioned afresh by the Director. He further submits that an appropriate application along with request has already been filed by the petitioner to the District Inspector of Schools, Firozabad to transmit relevant record along with representation of the petitioners to Director of Education (Secondary), UP., Allahabad so that necessary steps may be taken up.

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As far as legal position and factual aspect of the matter is concerned, the same has not been disputed by the learned counsel for the parties and thus, with the consent of the learned counsel for the parties, the petition is disposed of asking the Director of Education (Secondary), UP., Allahabad to look into the grievance of the petitioner and pass appropriate order in view of the recommendation so made by the District Inspector of Schools, Firozabad on 10th January, 2018 within a period of three months from the date of production of a certified copy of this order."

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Pursuant to the aforesaid order the Director of Education (Secondary) U.P. passed an order dated 17/20.4.2018, reviving the post of Principal and directing the petitioner to fill up the post in terms of the Government Order No.2167/15-12-2017/1600(550)/2017, dated 12.3.2018. It appears that no steps in this regard was taken by the petitioner and instead the earlier recommendation was being asserted. Therefore, by the impugned order dated 18.5.2018, the recommendation was not approved by the Joint Director of Education, Agra, Division - Agra, on the ground that it is not in accordance with the Government Order dated 12.3.2018.

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In Tariq Maqbool and others Vs. State of U.P. and others (2015) 1 ADJ 650 , Division Bench of this Court held that where the Committee of Management of a Minority Institution has failed to advertise any sanctioned post of the Head of the institution and teachers having fallen vacant, within a period of three months from the date of such vacancy, such post shall be deemed to have been surrendered and shall not be filled up unless its creation is sanctioned afresh by the Director.

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Since the revival of the post of Principal was made by the Director of Education (Secondary) U.P. by order dated 17/20.4.2018 and as such the post of Principal should have been filled up by the petitioner in accordance with the aforesaid Government Order dated 12.3.2018 which has not been done. Therefore, I do not find any infirmity in the impugned order dated 18.5.2018. The writ petition deserves to be dismissed and is hereby dismissed leaving it open to the petitioner to take steps in terms of the revival order dated 17/20.4.2018.

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Order Date :- 16.7.2018/vkg

C/M Jain Kanya Uchchatar Madhaymik Vidyalaya Shikohabad and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

C/M Jain Kanya Uchchatar Madhaymik Vidyalaya Shikohabad and Another v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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