Disposed

C/M v.K.Higher Secondary School v. State of U.P. and 2 Others

Allahabad HC14 Jul 2021WRIA/7254/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a school management committee seeking approval for appointing an Assistant Clerk. The court directed the District Inspector of Schools to promptly forward selection documents to the Joint Director for a decision within six months total.

What did the court decide?

Direction to District Inspector of Schools to forward selection papers to Joint Director (Secondary Education) for a decision within two months from receipt of papers.

C/M v.K.Higher Secondary School Vs State of U.P… — Service and Employment | Allahabad HC (2021)

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Court No. - 5

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Case :- WRIT - A No. - 7254 of 2021

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Petitioner :- C/M V.K.Higher Secondary School Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Saurabh Singh,Amit Saxena (Senior Adv.)

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Counsel for Respondent :- C.S.C.

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Hon'ble Saral Srivastava,J.

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Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State.

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The petitioner claims to be a Committee of Management, V.K. Higher Secondary School, Kurshi Khera, Kanpur Dehat. There is only one sanctioned post of Assistant Clerk in the College which was occupied by Virendra Singh who died on 22.8.2016. After the death of the said Clerk Virendra Singh, the petitioner sought permission from the District Inspector of Schools, Kanpur Dehat, respondent no.3 for filling up the said post, which was refused by the District Inspector of Schools, Kanur Dehat, respondent no.3 vide order dated 30.6.2017.

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Thereafter, the petitioner challenged the said order of the respondent no.3 before this Court in Civil Misc. Writ Petition No.35844 of 2017, which was disposed of by a Coordinate Bench of this Court vide order dated 10.8.2017 directing the District Inspector of Schools to reconsider the matter in the light of the law laid down by this Court in the case of Vipin v. State of U.P. and Others, Civil Misc. Writ Petition No.31348 of 2013 , copy of which is annexed as Annexure-1 (at page-30) to the writ petition.

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Pursuant to the said order dated 10.8.2017 passed by a Coordinate Bench of this Court, petitioner again submitted an application seeking permission of the District Inspector of

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Schools, Kanur Dehat, respondent no.3 to proceed with the selection, on which the District Inspector of Schools, Kanpur Dehat, respondent no.3 forwarded the same to the respondent no.2-Regional Educational Committee, Kanpur Region Kanpur through its Chairman, the Joint Director (Secondary Education), Kanpur Region on 22.3.2018 and the respondent no.2 after examining the entire relevant materials, accorded permission vide order dated 27.04.2018.

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Thereafter, the petitioner issued an advertisement for inviting applications for the post of Assistant Clerk. After necessary formalities were completed, the District Inspector of Schools, Kanpur Dehat, respondent no.3 directed the petitioner to make selection in accordance with the Uttar Pradesh Procedure for Direct Recruitment For Group-C Posts (Outside the Purview of Uttar Pradesh Public Service Commission) Rules, 2002 (hereinafter referred to as 'the Rules'). Since, the said Rules, 2002 is not applicable, accordingly, the petitioner again filed Civil Misc. Writ-A No.23576 of 2018 which was allowed by a Coordinate Bench of this Court vide judgement and order dated 30.11.2018. Relevant portion of the said judgement is reproduced here-in-below:-

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" In such view of the matter, it shall be open for the petitioner Committee to proceed with the recruitment, in accordance with law, and its validity shall be examined by the competent authority, in terms of regulations and the applicable rules."

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Thereafter, the petitioner proceeded with the selection and submitted the selection proceeding to the District Inspectors of School, Kanpur Dehat, respondent no.3 for forwarding the same to the Joint Director (Secondary Education), Kanpur Region, respondent no.3, as provided under Regulation 101 of Chapter III of the U.P. Regulation Act. On the submission of the

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selection proceeding, the District Inspectors of School, Kanpur Dehat, respondent no.3 raised certain objections, which were duly replied by the petitioner. The District Inspectors of School, Kanpur Dehat, respondent no.3 instead of forwarding the papers relating to selection process to the Joint Director (Secondary Education), Kanpur Region, respondent no.3, again sought certain clarifications which were also replied by the petitioner.

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Since the District Inspector of Schools, Kanpur Dehat, respondent no.3 was sitting tight over the matter, therefore, the petitioner preferred a Contempt Application (Civil) No.3567 of 2020, which was disposed of by a Coordinate Bench of this Court on 14.10.2020 with the following order:-

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" Upon consideration of the submissions made and upon perusal of the material on record, it appears appropriate that a fresh direction be obtained by the applicant directly the competent authority to decide the validity of the recruitment made by the Committee of Management, in a time bound manner.

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Subject to the above, this contempt application stands disposed of."

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In the aforesaid backdrop, the petitioner has again approached this Court by means of filing the present writ petition seeking a direction upon the District Inspector of Schools, Kanpur Dehat, respondent no.3 to forward the papers of selection proceeding to the Joint Director (Secondary Education), Kanpur Region, respondent no.2 for considering the claim of the petitioner for making appointment on the post of Assistant Clerk for grant of approval.

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The grievance of the petitioner is that despite the direction of this Court, the District Inspector of Schools, Kanpur Dehat,

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respondent no.3 has not forwarded the papers of selection proceeding to the Joint Director (Secondary Education), Kanpur Region, respondent no.3 and he is sitting tight over the matter.

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Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.3 to consider the grievance of the petitioner.

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Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the District Inspectors of School, Kanpur Dehat, respondent no.3 to forward papers of the selection proceedings (Annexure-8) to the writ petition along with other relevant documents to the Joint Director (Secondary Education), Kanpur Region, respondent no.2 within a period of one month from the date of production of a copy of this order. It is further directed that the Joint Director (Secondary Education), Kanpur Region, respondent no.2 shall take appropriate decision in the matter in accordance with law within a further period of two months thereafter.

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It is made clear that this Court has not expressed any opinion on the merits of the case. The claim of the petitioner be considered by the Joint Director (Secondary Education), Kanpur Region, respondent no.2 strictly in accordance with law.

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The writ petition is disposed of subject to the observations made above.

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In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the petitioner may be treated as true copy of

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the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.

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Order Date :- 14.7.2021 NS

C/M v.K.Higher Secondary School v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

C/M v.K.Higher Secondary School 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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