Research › Search › Judgment

Allahabad High Court · body

2010 DIGILAW 191 (ALL)

Rama Tripathi v. State Of U. P.

2010-01-13

KASHI NATH PANDEY, SATYA POOT MEHROTRA

body2010
JUDGMENT The present Writ Petition has been filed by the petitioner making the following prayers:- 1. Issue a Writ, order or direction in the nature of mandamus commanding the respondent no. 2 the Director Higher Education U.P. Allahabad to approve the appointment of the petitoner as Lecturer of Economics and communicate the approval without further delay.? 2. Issue, any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of this case. 3. Award cost of the petition to the petitioner.? 2. From the averments made in the Writ Petition, it appears that an Advertisement dated 29.05.2009 (Annexure 2 to the Writ Petition) was issued by the Manager, Gandhi Mahavidhyalaya, Orai in the Daily News Paper "Aaj" inviting applications for appointment on the posts of Lectuere in various subjects including Economics on honorarium basis. The petitioner submitted her application dated 04.06.2009 (Annexure 3 to the Writ Petition) for appointment on honorarium basis on the post of Lecturer in Economics. 3. It is inter-alia, averred in Paragraph 14 of the Writ Petition that the Management of the aforesaid Institution forwarded the said application of the petitioner to the Director, Higher Education, U.P., Allahabad by the letter dated 27.07.2009 seeking approval of the Director. In Paragraph 16 of the Writ Petition, it is inter-alia, averred that the approval of the Director has not so far been received. 4. We have heard Smt. Arti Raje, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 5. Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, we are of the opinion that the interest of justice would be subserved by disposing of the Writ Petition permitting the petitioner to make an application before the Director, Higher Education, U.P. Allahabad along with a certified copy of this order and directing the Director to take appropriate decision in the matter within a specified period. 6. We accordingly dispose of Writ Petition with the following directions:- 1. The petitioner will make an application alongwith a certified copy of this order before the Director, Higher Education, U.P., Allahabad (respondent no. 2) within three weeks from today. 2. The Director, Higher Education, U.P., Allahabad (respondent no. 6. We accordingly dispose of Writ Petition with the following directions:- 1. The petitioner will make an application alongwith a certified copy of this order before the Director, Higher Education, U.P., Allahabad (respondent no. 2) within three weeks from today. 2. The Director, Higher Education, U.P., Allahabad (respondent no. 2) will take appropriate decision on the question of approval for the appointment of the petitioner on honorarium basis in accordance with the relevant Government Orders including the Government Order dated 07.04.1998 by passing a speaking order expeditiously, preferably within a period of six weeks from the date of receipt of the aforesaid application of the petitioner along with a certified copy of this order. 7. It is made clear that in case the Director, Higher Education, U.P., Allahabad (respondent no. 2) has already taken a decision in the above matter, he will not be required to again take decision in the matter. 8. It is further made clear that this Court has not adjudicated the claim of the petitioner on merits.