BHARTIYA LAGHU MADHYAMIK VIDYALAYA THRU MANAGER Vs. STATE OF U P THRU SECY OF BASIC EDU CIVIL SECTT LK

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned Standing Counsel appearing for the State-respondents and Shri J.B.S. Rathour, learned counsel representing the District Basic Education Officer, Sultanpur.

(2.) This petition by the Committee of Management of a school, namely, Bhartiya Laghu Madhyamik Vidyalaya, Goshaisinghpur, Dostpur, Post Office and District Sultanpur has been filed with the prayer to issue a direction to the District Basic Education Officer, Sultanpur to provide his nominee in terms of the provisions contained in Rule 9 of the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers ) Rules, 1978 (herein after referred to as 'the Rules, 1978'). It has further been prayed that the District Basic Education Officer, Sultanpur be also directed to allow the petitioner-institution to complete the selection process and to make appointment against the post of Assistant Teacher in the institution.

(3.) Selection and recruitment etc. against the post of teachers in basic schools are governed by the aforesaid Rules, 1978. According to rule 7 of the aforesaid Rules, 1978, no vacancy can be filled except after its advertisement in at least two newspapers, one of which must have adequate circulation all over the State and the other in the locality where the school is situated. Rule 7 further provides that in every advertisement and intimation under sub rule 1 of rule 7, the management shall give particulars of the name of the post, the minimum qualifications and age limit, if any, prescribed for such post and the last date for receipt of application in pursuance of such advertisement. Sub rule 3 of rule 7 further provides that the management of the institution after clarifying the sanctioned number of posts shall submit information of the vacancies occurring in the academic session by 30th of April of every calendar year for the purpose of seeking permission of District Basic Education Officer for filling up the vacancies. Sub rule 4 of rule 7 of the Rules further provides that on receipt of any such proposal from the management of the institution seeking permission to advertise the post, the District Basic Education Officer within 15 days will scrutinize the said proposal and in case of any objection shall intimate the same to the management within a week for removal of the objections. Sub rule 5 provides that once the objections are removed, within one month thereafter the District Basic Education Officer shall accord his permission to advertise the post in accordance with law. Sub rule 5 further provides that it is incumbent and mandatory for the District Basic Education Officer either to accord his permission to advertise the post or to refuse the permission by passing a reasoned order. Sub rule 6 of rule 7 further provides that against any order passed by the District Basic Education Officer, the Management can file an appeal before the Divisional Assistant Director of Education (Basic) whose decision shall be final. Rule 7 of the Rules, 1978 is quoted herein below:-