STATE OF U.P. THROUGH SECRY, SECONDARY EDUCATION AND ORS. Vs. C/M, VEDIC PUTRI PATHSHALA INTER COLLEGE AND ANR.

JUDGEMENT

(1.) SUPPLEMENTARY affidavit filed today, is taken on record.

(2.) AN affidavit has been filed on behalf of the Appellant affirmed by Sri Jitendra Kumar, Principal Secretary, Secondary Education, Government of U.P. Lucknow, which is taken on record.

(3.) IT appears that the present Respondents had approached this Court by means of writ petition No. 10449 of 2010 with grievance that even though there are 7 sanctioned posts in the primary section in the institution, 5 posts are lying vacant and permission to fill up the said posts is not being accorded. The sanction was held back by the State Authority, as number of students have gone down drastically, the excess posts in the norms fixed stood lapsed and, therefore, there is no question of granting sanction to fill up the post. This Court vide judgment and order dated 12.03.2010 has disposed of the writ petition No. 10449 of 2010 by following its earlier decision in writ petition No. 50862 of 2009, Committee of Management v. State of U.P. and Ors., decided on 21.10.2009, reported in, 2009 (10) ADJ 200 and writ petition No. 33436 of 2009, Prem Narain Shukla and Ors. v. State of U.P. and Ors., decided on 23.7.2009, reported in, 2009 (5) ESC 3112(All.) The direction contained in the judgment and order dated 12.03.2010 was not complied with. The present Respondent herein approached this Court by filing Contempt Petition No. 2496 of 2010 in which notices were issued at the first instance and thereafter the impugned order has been passed directing personal appearance in case the order passed of the writ court is not complied with.