Disposed

C/M Kishan Junior High School Sherpur Khader, Muzaffarnagar through Its Manager, Babu Singh v. State of U.P. and 2 Others

Allahabad HC2 Feb 2018WRIA/4240/2018

Case brief

AI extract

What is this about?

A writ petition by a school management committee sought a directed mandate to the District Basic Education Officer to approve successive teacher appointments. The court disposed of the petition in kind, directing the respondent officer to decide the claim within six weeks.

What did the court decide?

Directing the third respondent to decide the petitioner's claim by a reasoned speaking order within six weeks.

C/M Kishan Junior High School Sherpur Khader… — Education and Admissions | Allahabad HC (2018)

¶1

Court No. - 18 Case :- WRIT - A No. - 4240 of 2018 Petitioner :- C/M Kishan Junior High School Sherpur Khader, Muzaffarnagar Through Its Manager, Babu Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Virendra Chaubey Hon'ble Mahesh Chandra Tripathi,J.

¶2

Heard learned counsel for the petitioner and Shri Virendra Chaubey learned counsel for the respondent no.3. Learned Additional Chief Standing Counsel appears for the State respondents.

¶3

Committee of Management of Kishan Junior High School Sherpur Khader, Muzaffarnagar, by the instant writ petition, inter alia, seek the following relief :

¶4

"(i) Issue a writ, in nature of mandamus and directing to respondent no.3 to consider the case of petitioner in regard to grant prior permission for starting the selection process on two posts of Assistant Teachers of the petitioner's institution by passing appropriate order within specific time in interest of justice accordance with law."

¶5

It is sought to be urged that two posts of Assistant Teacher are lying vacant, hence, Management has sought approval from the third respondent-District Basic Education Officer, Muzaffar Nagar before commencing the selection process. Reliance has been placed on a decision of this Court rendered in Committee of Management, Nehru Kissan Vidyalaya Junior High School vs. State of U.P. & others, 2017 (3) ADJ 503.

¶6

Learned counsel appearing for the third respondent would submit that the third respondent-District Basic Education Officer, Muzaffar Nagar shall pass appropriate order in terms of the aforementioned decision.

¶7

In regard thereto, writ petition, on consent, stands disposed of directing the third respondent-District Basic Education Officer, Muzaffar Nagar, to consider and decide the claim of the petitioner by a reasoned and speaking order in Committee of Management of Nehru Kissan Vidyalaya Junior High School (supra) expeditiously, preferably within a period of six weeks from the date of filing of certified copy of this order.

¶8

It is made clear that the Court has not considered the claim and contention of the petitioner on merit.

¶9

Order Date :- 2.2.2018 RKP

C/M Kishan Junior High School Sherpur Khader, Muzaffarnagar through Its Manager, Babu Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

C/M Kishan Junior High School Sherpur Khader, Muzaffarnagar through Its Manager, Babu Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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