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Allahabad High Court · body

2016 DIGILAW 972 (ALL)

Janta Inter College v. State of U. P.

2016-03-16

P.K.S.BAGHEL

body2016
JUDGMENT Pradeep Kumar Singh Baghel,J. The first petitioner is the Committee of Management of an Institution, namely, Janta Inter College Parson, Etah, and the second petitioner is its Manager. The Institution is a recognized and aided institution. The petitioners have instituted this writ petition for a direction upon the respondent nos. 2 & 3 to grant permission for the selection and appointment on vacant posts of Clerks in the Institution. The provisions of the U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921) and the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. 24 of 1971) are applicable to the Institution. 2. It is stated that there are three sanctioned posts of Assistant Clerks in the Institution, out of which one post of Assistant Clerk in the Institution has already been filled up, and two posts are lying vacant. The said two posts fell vacant due to promotion of Sughar Singh as Head Clerk and after his retirement on 31.01.2014 on the promotion of Zamadar Singh to the post of Head Clerk. 3. The Committee of Management of the Institution sought a permission from the District Inspector of Schools in terms of amended Regulation 101 of Chapter-III of the Regulations under the U.P. Act No. II of 1921. The District Inspector of Schools having satisfied about the existence of vacancies in the Institution, has forwarded the relevant papers to the Director of Education but no decision has been taken by the Director as yet. 4. Learned Counsel for the petitioners submits that since there are only three posts of Assistant Clerks, out of them two posts are lying vacant and the functioning of the Institution is being adversely affected. The inaction on the part of the educational authorities is totally unjustifiable and arbitrary. 5. I have heard learned Counsel for the parties and perused the record. 6. From the record it is borne out that the District Inspector of Schools is satisfied that two posts of Assistant Clerks are lying vacant. The office of the District Inspector of Schools is also aware of the fact that in the Institution the total three posts are sanctioned out of them, at present, two posts are lying vacant. 7. 6. From the record it is borne out that the District Inspector of Schools is satisfied that two posts of Assistant Clerks are lying vacant. The office of the District Inspector of Schools is also aware of the fact that in the Institution the total three posts are sanctioned out of them, at present, two posts are lying vacant. 7. I find that the ends of justice would be subserved by issuing a direction upon the Director of Education to take appropriate decision in terms of the amended Regulation 101 within two months from the date of communication of this order. 8. The amended Regulation 101 has cast an obligation upon the Director of Education to take appropriate decision in respect of permission to fill the posts. Once a statutory obligation is on an authority, it is expected from him to take decision expeditiously without any delay. 9. The writ petition is, accordingly, disposed of. No order as to costs.