HIMANSHU TRIPATHI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel for respondent Nos. 1 and 2, Sri. Jai Ram Pandey, learned counsel for respondent Nos. 3 and 4 and Sri. S.K. Chaubey, learned counsel for the intervener.

(2.) By means of present writ petition, the petitioner has prayed for issuance of writ of mandamus to the District Basic Education Officer (DBEO) - respondent No. 3 to grant approval of selection and appointment dtd. 20/2/2016 on the post of Clerk of Sri. Jawahar Lal Nehru Junior High School, Ghanshyampur, Mirzapur (for short, "institution").

(3.) The petitioner claims that Sri. Jawahar Lal Nehru Junior High School, Ghanshyampur, Mirzapur is a recognized institution under the provisions of U.P. Basic Education Act, 1972. The provisions of U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 is applicable to the institution in question. A vacancy on the post of Clerk came into existence in the institution due to death of Sri. Haridwar Pandey, clerk of the institution. The Committee of Management sought permission from the DBEO to make appointment of the post of Clerk by issuing advertisement in newspapers inviting applications from eligible and qualified candidates. The DBEO passed an order on 16/9/2015, whereby permission was accorded to issue advertisement. The vacancy was advertised in news papers Dainik Aaj and Jan Sandesh inviting applications from eligible and qualified candidates.