COMMITTEE OF MANAGEMENT, SARVODAYA MANDIR JUNIOR HIGH SCHOOL, MAHAWATPUR BAWLI, MEERUT AND OTHER Vs. STATE OF U.P. AND OTHER

JUDGEMENT

(1.) The petitioners pray for a writ of mandamus commanding the respondent. No. 3 to sanction posts in accordance with the order dated 20-1-1986, as per the observations made by this Court in the judgment dated 22-8-1991 in Civil Misc. Writ Petition No. 13716 of 1991 A further writ of mandamus is prayed directing the respondents to accord approval to the posts of Teachers and clerk in accordance with the guidelines given in the letter dated 20-1-1986.

(2.) The petitioners case is that Sarvodya Junior High School, Mahavatpur Bawli, district Meerut (hereinafter referred to asthe institution) is a duly recognised institution under the provisions of the U.P. Basic Education Act, 1972 and the same is run and managed by a duly elected committee of management. The institution is said to be an upcoming institution and all desirous students are given education in the said institution. It is submitted that vide letter dated 12-1-1984 the Director of Education had informed the Deputy Director of Education (Basic) that all new posts will be sanctioned at the Director level. By another letter dated 20-1-1986 issued by the Director of Education (Basic) U.P. it was directed that fresh posts will be sanctioned at the Regional level by Deputy Director of Education (Basic) after getting the same duly forwarded by the District Basic Education officers. This was done for smooth advancement of education Copy of this letter is filed as Annexure 1 to the writ petition It is contended that the strength of students with effect from the year 1987-88 has raised from 427 to 688 with the passage of time. Since the work of the institution was suffering for want of teaching staff and other employees the management of the institution is said to have submitted their requirement of teaching staff in accordance with the letter dated 20-1-1986 to the District Basic Education Officer, Meerut for recommendation The petitioners request was duly recommended by the District Basic Education Officer by his letter dated 28-1-91, a copy whereof is Annexnre-2 to the writ petition. The necessary papers were sent to the Additional Director of Education (Basic), Region Meerut with the recommendation that as per the guidelines eight posts of teachers and one post of employee (clerk) should be sanctioned in order to ensure smooth running of the institution. The Additional Director of Education (Basic) is said to have informed the petitioner by his letter dated 31-1-1991 that the papers in original were being returned because in view of (he telegraphic order of the Director of Education dated 4-10-1988 no fresh posts are to be created. A copy of this communication is Annaxure-3 to the writ petition. The petitioners have also placed a copy of the telegram dated 4-10 1988 on record as Annexure-4 to the writ petition. The validity of this telegram is challenged. It is said to be illegal and arbitrary By sending this telegram, the petitioners contend. Sec. 9 of the U.P. Junior High Schools. Payment of Salaries of Teachers and other Employees) Act are made redundant. Under the said Act sanctioning of posts for unlimited period cannot be stayed. The effect of the telegram (Annexure-4 to the writ petition) has been that the students have been denied right to get education and growth of the students of the institution has also retarded.

(3.) Being compelled by the attitude of the respondents and to the Injuries which the petitioners were suffering they are said to have filed a writ Petition in this Court which came to be registered as Civil Misc. Writ petition No 13716 of 1991. After exchange of counter-affidavit and rejoinder affidavit in the said writ petition a direction is said to have been Issued by this Court to the respondent No. 3 to consider the case of the petitioners without being influenced by the telegram dated 4-10-1988 and consideration was to be accorded in accordance with the order dated 20-1-1986. One month's time was allowed to the respondent No. 3 to accorded his consideration in terms of the said judgment. A copy of the said judgment is Annexure-5 to the writ petition The petitioners are said to have supplied a copy of Annexure-5 to the respondent No. 3, who by his letter dated 12-9-1991 is said to have asked the petitioners to submit details in regard to the strength of the students in the institution and also to furnish a map of the budding of the institution. Copy of this letter in Annexure-6 to the writ petition. The petitioners complied with the order of the respondent No. 3 and furnished the details as required by the respondent No. 3 and including the details about the collection of funds, which was being deposited in the Bank and site plan of the building etc. etc. Copies of the details are contained in Annexures-7 and 8 to the writ petition. After receiving information from the petitioners opinion is said to have been sought from the D.G.C. (Civil) on 25-10-1991 to the effect that posts should be sanctioned in accordance with the directions given by the Court. Copy of the information of the D.G.C. (Civil) is Annexure-9 to writ petition. The respondent No. 3 had asked some further details from the petitioners in respect of number of students, who were receiving education in the institution, which information was also furnished. The respondent No. 3 is said to have referred the matter to the Director, (respondent No 2) though the respondent No. 3 was himself competent to take a decision. Copy of this communication is Annexure-10 to the writ petition. The. respondent. No. 2 on 20-4-1992 ignoring the recommendations of the respondent No, 3, has sanctioned only one post of Assistant Teacher in the petitioner-institution as against eight posts of Assistant Teachers and one post of clerk, which were prayed to be sanctioned. As per the guidelines in the order dated 20-1-1986 the petitioners institution is said to be entitled to get 11 posts of Assistant Teachers and one post of clerk. Copy of the letter dated 20-4-1992 is annexed as Annexure-11 to the writ petition.