LAWS(ALL)-2004-9-181

SHEETAL PRAKASH PASTOR Vs. DIRECTOR OF EDUCATION LUCKNOW

Decided On September 29, 2004
Sheetal Prakash Pastor Appellant
V/S
Director Of Education Lucknow Respondents

JUDGEMENT

(1.) HEARD Sri R.P. Tiwari, learned Counsel for the petitioner, and Sri S. P. Singh and Sri Mohan Yadav, learned Standing Counsels for the State respondents.

(2.) IN this petition prayer has been made for issuance of writ of mandamus directing the respondent Nos. 1, 2 and 3 i.e. Director of Education, Lucknow; Deputy Director of Education, Jhansi Region, Jhansi and District Inspector of Schools, Jhansi, to appoint the petitioner to the post of General Teacher in Tyagmurit Atmaram Govind Khair Inter College, Gurusarai Jhansi (hereinafter in short called as 'College') in place of respondent No. 5 and also for further direction to the respondents to cancel the appointment of the respondent No. 5. Further direction has been sought to the respondents to dispose of the representations of the petitioner.

(3.) COUNTER affidavit has been filed, which indicates that the respondent No. 5 was appointed in compliance to the order of this Court dated 15.4.1988 and there is no vacancy, where the petitioner could be given appointment, more so, according to the respondents, the petitioner has not challenged the appointment order of the respondent No. 5 and merely by virtue of having minimum qualification no direction could be issued to the respondents for giving appointment as General Teacher.