Court No. - 24 Case :- MISC. SINGLE No. - 3269 of 2010 Petitioner :- C/M Baba Bhagwandas Adarsh Inter College, Vikwajitpur, Sulta Respondent :- State Of U.P. Thru Secretary Education Basic Petitioner Counsel :- Ramesh Pandey Respondent Counsel :- C.S.C.,Jogendra Nath Verma Hon'ble Rajiv Sharma,J.
Heard.
With the consent of Counsel for the parties, the writ petition is disposed
of at the admission stage itself.
This writ petition has been filed by the Committee of Management of
Baba Bhagwandas Adarsh Inter College, Vikwajitpur, Sultanpur
complaining therein that when the post of Head Master fell vacant on
30.6.2009, the petitioner wrote a letter dated 28.8.2009 seeking
permission from the District Basic Education Officer, Sultanpur to make
advertisement of the vacancy for the purpose of selection/appointment
But till date no action has been taken. Learned Counsel for the
petitioner has submitted that in view of the provisions of
U.P.Recognized Basic Schools ( Junior High Schools) (Recruitment and
Conditions of Service of teachers) Rules 1978, the BSA has been
entrusted with the powers to grant necessary permission for
appointment on the post of Head Master.
Sri Jogendra Nath Verma, Counsel for the BSA does not dispute the
provisions of law and states that the matter is in active consideration
and necessary permission would be granted within two months.
Considering the facts and circumstances of the case, this writ petition is
disposed of with the direction to Zila Basic Shiksha Adhikari, Sultanpur
to consider the matter and pass appropriate orders in light of the
judgment rendered in writ petition no. 8781(SS) of 2009; Raj Karan
Nishad vs. State of U.P. and others decided on 13th May, 2010
expeditiously.
Order Date :- 15.7.2010
HM