Court No. - 1 Case :- WRIT - A No. - 43225 of 2005 Petitioner :- Principal D.A.V. Inter College Respondent :- State Of U.P. And Others Petitioner Counsel :- Suneet Kumar Respondent Counsel :- C.S.C. Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioner and the
learned Standing counsel.
Despite time being granted on 26.5.2005 to the
learned Standing counsel to file counter affidavit,
no counter affidavit has been filed till date even
though more than five years have expired and as such
further prayer for grant of time is rejected.
The counsel for the petitioner has made a statement
that he does not want to press this petition as
against respondent no. 5 and accordingly, his name
is deleted from the array of parties.
It appears that D.A.V. Inter College, Muzaffar Nagar
is a duly recognized and aided institution wherein
on the strength of the students 57 posts of Teacher
including the Principal was sanctioned along with 6
posts of clerk and 23 class IV employees. Nine
vacancies occurred on class IV posts and after
taking prior approval of the District Inspector of
Schools, the same were advertised in two daily
newspapers. However, a local M.P. wrote a letter to
the District Inspector of Schools on 5.12.2004
recommending name of one Parvesh Kumar to be
appointed on one said post. This was followed by
several other letters but the selection committee
did not select the recommendees of the local M.P. as
they were not found fit and after making due
selection, the papers were transmitted to the
District Inspector of Schools seeking his approval
vide covering letter dated 16.9.2004. Nevertheless,
the District Inspector of Schools, without any
authority of law passed an order dated 24.3.2005
relying upon a report of the Finance and Accounts
Officer that there were eight excess class IV posts
in the institution and despite showing all the
papers, the District Inspector of Schools did not
take any action and therefore, this petition
challenging the order dated 24.3.2005 and seeking a
mandate to grant approval for the appointments.
During the pendency of this case, a supplementary
affidavit has been filed by the petitioner stating
that the Director of Education (Secondary) himself
has issued a circular letter dated 10.2.2005
reiterating that it is only the Director of
Education, who can create or abolish any posts in
any recognized aided institution and none other has
the jurisdiction to do so. In pursuance of fresh
norms circulated by the Education Department,
exercise has been initiated for fixing the number of
posts and a report has also been sent by the
District Inspector of Schools dated 2.12.2006 to the
Joint Director of Education with regard to the
petitioner institution also and the matter is still
engaging the attention of the Director of
(Secondary) Education, U.P., Lucknow.
In view of the aforesaid facts, the Director of
(Secondary) Education is directed to take a reasoned
decision in the case of the petitioner within a
period of three months from the date of submission
of a certified copy of this order after giving him a
reasonable opportunity of hearing and thereafter
process the recommendations already made by the
institution.
Subject to the aforesaid, writ petition is finally
disposed off.
Order Date :- 9.8.2010
AK