SHIVAJI INTER COLLEGE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pradeep Kumar Upadhyay, learned counsel for the petitioners and the learned Standing Counsel for the State respondents.

(2.) The writ petitioners who are the Committee of Management of Shivaji Inter College, Sahson Prayagraj (Allahabad) and its Manger, initially approached this Court seeking the issuance of mandamus commanding the District Inspector of Schools, Prayagraj/respondent No.3 to consider and accord approval to the selection of one Sri Sudhir Kumar Dwivedi s/o Late Rajmadhi Dwivedi as Assistant Clerk in the Institution in question and ensure the payment of admissible salary alongwith other service benefits to him. During the pendency of the writ petition an order dtd. 23/3/2022 came to be passed by the District Inspector of Schools, Prayagraj whereby disapproving the appointment and selection of Sri Sudhir Kumar Dwivedi as Assistant Clerk in the Institution. The said order has now been impugned in the writ petition by amending the writ petition.

(3.) The facts necessary for the adjudication of the controversy involved in the instant writ petition briefly stated are that there is an educational Institution in the name and style of Shivaji Inter College, Sahson, Prayagraj duly recognised and aided. The petitioner No.1 is its Committee of Management while the petitioner No.2 is its Manager. The Institution has an approved teaching / non teaching strength of 01 Principal, 12 lecturers, 25 Assistant Teachers, 01 Head Clerk, 03 Assistant Clerks and 13 peons. The Institution is recognised and duly permitted to run Science and Art streams upto Intermediate level and has a total student strength of 1652 which includes boys and girls. The details of the number of students in each class for the current session have been stated in para-7 of the writ petition. Two posts of Assistant Clerks in the Institution fell vacant on 31/1/2013 and 30/11/2014 on the retirement of Sri Shiyaram Singh and Sri Raj Bahadur Singh. The vacancies were intimated to the respondents vide letters dtd. 2/3/2019, 2/4/2019 and 15/9/2019 (Annexure-2 to the writ petition). The petitioner Committee of Management also resolved to fill up the post of Assistant Clerk and sought permission to fill up at least 01 post vide letters dtd. 1/10/2021 and 20/10/2021 (Annexure-3 to the writ petition). No response having been received from the Competent Authorities and considering the emergent situation, the petitioners proceeded to advertise 01 post of the Assistant Clerk in the interest of the Institution and the students in widely circulated Newspaper namely "Hindustan" and "Aaj" on 16/11/2021. The District Inspector of Schools, Prayagraj, respondent No.3 was also intimated about the advertisement vide letter dtd. 26/11/2021 (Annexure-5 to the writ petition). Thereafter, a duly constituted Committee undertook the selection process and 08 eligible candidates appeared and underwent the selection process which comprised of typing test and computer knowledge test. On the basis of the quality point marks obtained by the candidates one Sri Sudhir Kumar Dwivedi was placed at Serial No.1 with total quality point marks of 139.3, Sri Indra Prakash Tiwari was placed at Serial No.2 with 137.45 quality point marks and Sri Naresh Kumar Nishad was placed at Serial No.3 with 135.10 quality point marks. The petitioner Committee of Management accepted the select panel of the Selection Committee and the requisite papers were forwarded to the respondent No.3 vide letter dtd. 11/12/2021. When nothing was heard for considerable time from the office of the respondent No.3, the petitioners sent reminders on 30/12/2021, 10/1/2022 and 18/1/2022. Since no response was received from the office of the District Inspector of Schools, Prayagraj / respondent No.3 and the requisite papers submitted with the respondent No.3 on 11/12/2021 was still pending decision, the petitioners were constrained to approach this Court by filing the instant writ petition. During the pendency of the instant writ petition the District Inspector of Schools, Prayagraj / respondent No.3 has proceeded to pass the impugned order declining to accord approval to the selection of Sri Sudhir Kumar Dwivedi for the post of Assistant Clerk in the Institution on the ground that the procedure prescribed for selection of clerical category / non teaching posts in recognized unaided Inter Colleges by Government Order dtd. 25/11/2021 has not been followed. Besides the above certain other shortcomings in the process adopted has been pointed out.