In compliance of the aforesaid order, the order impugned has been passed. Learned counsel for the petitioner submits that while passing the order impugned much emphasis has been placed on the Government Order dated 6th November, 2015, whereas the aforesaid controversy has been considered by this Court in detailed in C/M Nehru Kissan Vidyalaya Jr. High School v. State of U.P. & Ors. [2017 (3) ADJ 503] in which the Court was of the opinion that initially ban was imposed by Government Order dated 15th March, 2012 on account of the reason that at the relevant time, the exercise for redetermination of the sanctioned strength of the institution was being undertaken. Since the said exercise had been completed, therefore, the ban on appointment was lifted with the issuance of the Government Order dated 6th November, 2015. Rule 3 (2) of the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1972 (in short "the Rules of 1972") contemplates filling of the vacancies within two months of the date when the vacancy comes into existence. The same could not be adhered to because of the ban imposed by the State itself. The circular letter of the Directorate dated 6th November, 2015 clearly indicates the anxiety of the Directorate to ensure filling up of the vacant posts by the Management of the institutions, without any further delay, as these posts had remained vacant for considerable time on account of the ban imposed by the State. The circular letter dated 3rd June, 2016 merely extends the time frame within which the selection process was required to be complete, failing which the letter contemplates action being taken against the concerned District Basic Education officer and the management. The Court was also of the opinion that the object of the circular letter dated 3rd June, 2016 was to ensure expeditious completion of the selection process and there was no indication in the circular letter dated 3rd June, 2016 that in case selection process is not completed by the prescribed date, then the management is not entitled to fill up vacant posts. In the aforementioned facts and circumstances, the aforesaid writ petition was disposed of asking the the District Basic Education officer to take a fresh call and decide the same expeditiously.
