Court No. - 18 Case :- WRIT - A No. - 41856 of 2010 Petitioner :- Ganesh Kumar Mishra Respondent :- State Of U.P. And Others Petitioner Counsel :- L. K. Pandey Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Heard learned counsel for the parties.
Petitioner before this Court seeks a writ of mandamus directing the District
Inspector of Schools to grant financial approval to the appointment of the
petitioner as Sahitya Teacher in Vidhya Dharm Vardhani Sanskrit Maha
Vidhyalay, Prem Ka Pura, District Jaunpur.
In paragraph 6 of the writ petition it is stated that the institution is a
recognized institution and receives grant in aid from the State Government. It
is further stated that a vacancy was caused in the institution, which has been
filled by the Committee of Management.
This writ petition is completely silent about the procedure followed in the
matter of appointment of teacher in such institutions and therefore this Court
is not in a position to examine as to whether the appointment claimed by the
petitioner is in accordance with the statutory rules applicable or not, and
therefore, no mandamus can be issued.
However, the District Inspector of Schools may examine the papers received
by him, by means of a reasoned speaking order strictly in accordance with law
keeping in mind the procedure to be followed in the matter of such
appointments, preferably within eight weeks from the date a certified copy of
this order is filed before him.
With the aforesaid observation/direction the present writ petition is disposed
of.
Order Date :- 20.7.2010
Pkb/