Allowed

Committee of Management, Seth Teerath Prasad Rameshwar Prasad Purv Madhyamik Vidyalaya and Another v. State of U.P. and 3 Others

Allahabad HC26 Apr 2022WRIA/3520/2020

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging a District Basic Education Officer's refusal to send nominees for assistant teacher posts. The Court held that a selection process initiated before a government ban order commences is not barred and directed the Officer to appoint nominees within four weeks.

What did the court decide?

Impugned order of 16.1.2020 is quashed. Respondent directed to appoint nominees for Assistant Teachers selection committee within four weeks. Writ petition allowed.

Committee of Management, Seth Teerath Prasad… — Education and Admissions | Allahabad HC (2022)

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Court No. - 32

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Case :- WRIT - A No. - 3520 of 2020

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Petitioner :- Committee Of Management, Seth Teerath Prasad Rameshwar Prasad Purv Madhyamik Vidyalaya And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Upadhyay Counsel for Respondent :- C.S.C.,Rajesh Khare

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Hon'ble Siddharth,J.

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Heard Sri Pradeep Kumar Upadhyay, learned counsel for the petitioners ,learned Standing Counsel for the respondent nos. 1,2 and 3 and Shri Rajesh Khare, learned counsel for the respondent no.4.

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The brief facts of the case are that the petitioner, which is committee of management, of Seth Teerath Prasad Rameshwar Prasad Purv Madhyamik Vidyalaya, Barahmafi Manikpu, Karwl, District Chitrakoot, U.P. sought permission vide letters dated30.3.2017 and 29.5.2017 for filling up one post of Headmaster and two posts of assistant teachers and when it was not granted, Writ-A No.10219 of 2018 was filed by the petitioners before this court. During pendency of the writ petition permission was granted on 16.7.2018 for proceeding with selection process for one post of Headmaster. On 5.12.2018 selection committee on the basis of interview prepared select panel of three candidates and forwarded the same to the respondent no.4. The respondent no.4, District Basic Education OfÏcer, Chitrakoot accorded approval to the selection by his order dated 20.5.2019 to the select panel and the candidate placed at serial no.2 in the selected panel joined the institution on 11.11.2019.

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The petitioners proceeded to fill up two posts of Assistant teachers in pursuance of the advertisement dated 4.3.2019 and by the letter dated 6.8.2019 requested for appointment of nominee for constituting the selection committee but the nominee was not sent.The petitioners approached this court by way of writ petition no. 17061 of 2019 which was disposed of finally on 6.12.2019,directing the respondent to pass appropriate orders.

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The District Basic Education OfÏcer, Chitrakoot had passed the impugned order dated 16.1.2020 refusing to sent nominees for the selection committee on the basis of Government Order dated 31.10.2019 imposing ban on the appointment.

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Learned counsel for the petitioner has submitted that the Government order dated 31.10.2019 came into force w.e.f. 31.10.019, but the selection procedure was initiated by the Committee of Management and the papers were forwarded to District Basic Education OfÏcer, Gorakhpur on 12.06.2019. He has relied upon the judgment of this Court in the case of Committee of Management Adarsh Janta Madhyamik Vidhyalaya and another Vs. State of U.P., Writ-A No. 10509 of 2019 in the regard, wherein this Court has held that process of selection initiated prior to the date of issuance of the Government Order will not come in the way of ongoing process of selection.

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Learned Standing Counsel has submitted that on account of coming into force of the aforesaid Government Order, the nominee was not sent by the District Basic Education OfÏcer, Gorakhpur.

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After hearing rival contentions of the parties, this Court finds that the Government Order dated 31.10.2019 does not bars the selection process which has been initiated prior to its coming into force of the aforesaid Government Order and therefore, argument of the petitioners is required to be accepted.

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In view of the judgement in the case of Committee of Management Adarsh Janta Madhyamik Vidhyalaya (supra) the impugned order dated 16.1.2020 passed by District Basic Education OfÏcer, Chitrakoot is, hereby, quashed.

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The respondent no.4,District Basic Education OfÏcer, Chitrakoot is directed to appoint nominee for constituting the statutory selection committee for appointment on two post of Assistant Teachers in the institution of the petitioner within four weeks from today.

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The writ petition stands allowed.

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Order Date :- 26.4.2022 Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.05.01 18:09:12 IST Reason: Location: High Court of Judicature at Allahabad

Committee of Management, Seth Teerath Prasad Rameshwar Prasad Purv Madhyamik Vidyalaya and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Committee of Management, Seth Teerath Prasad Rameshwar Prasad Purv Madhyamik Vidyalaya 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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