Maharishi Balmiki Vidyalaya Prathmik v. State Of U.P. And 3 Others

Heard Mr. Siddhartha Singhal, learned counsel for the petitioner and the learned Standing Counsel for the State- respondents. By means of the present writ petition, the petitioner has made following relief: "I. Issue a writ, order or direction in the nature of MANDAMUS directing the respondent no.2 to proceed in the matter of grant of approval to selection proceedings in respect of Assistant Teacher in the light of the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Condition of Service of Teachers) Rules, 1978 in a time bound manner. ..." Learned counsel for the petitioner submits that Sri Balmiki Panchayat Mahasabha, Allahabad is a society duly registered under the Societies Registration Act, 1860. The said society runs and manage a school, in the name and style of Maharishi Balmiki Vidyalaya Prathmik Pathshala, Prayagraj. The school has its own Committee of Management.

The said school is a recognized institution under the provisions of U.P. Basic Education Act, 1972 and is also taking grant-in-aid from the Social Welfare Department of the State of U.P. On account of superannuation of teachers, some vacancies occurred in the petitioner's school and for recruitment process for filling up the said vacancies, permission of respondent no.3 was sought. After inspection of the petitioner' school and obtaining sanction from respondent no.4, respondent no.3 vide letter dated 8th February, 2019 permitted the petitioner to initiate the selection process. After publication in two news papers for filling up the said vacancies, selection process came to be carried out by the petitioner's Committee of Management in the presence of respondent no.3. After completion of selection process, three assistant teachers have been selected and relevant papers qua their selection has been forwarded to respondent no.4 for his approval on 6th November, 2019.

Respondent no.3 vide letter dated 8th November, 2019 has also recommended the appointment of candidates selected for the post of assistant teachers in the petitioner's school to the ofÏce of respondent no.4. However, respondent no.4 has not taken any decision thereon till date, hence the present writ petition. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that petitioner may make a fresh representation, ventilating all his/her grievances, supported by such documents, as she/he may be advised, before respondent no.2, within two weeks from today, along with a certified copy of this order. On such representation being made, respondent no.2, after summoning the records from the ofÏce of respondent nos.3 and 4, shall consider and decide the same, strictly in accordance with law, by means of a reasoned speaking order, preferably within four months thereafter, if there is no legal impediment. Order Date :- 30.5.2022 Sushil/- (Manju Rani Chauhan, J.) SINGH Reason: Location: High Court of Judicature at Allahabad