COMMITTEE OF MANAGEMENT OF PANDIT RAM DEV MISHRA INTERMEDIATE COLLEGE KHAPTIHA ALLAHABAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri L.K. Dwivedi, learned Counsel for the pe titioner as well as learned Standing Counsel appearing for the respondents and have perused the record. With consent of learned Counsel for the parties, this writ petition is being disposed of finally at this stage without calling for a counter affidavit.

(2.) THE brief facts of this case are that on the retirement of one Assistant Teacher on 30.6.2008, the petitioner-institution approached to the Zila Basic Shiksha Adhikari, respondent No. 2 to grant permission to advertise the post and send a nominee for selection of an Assistant Teacher. THE U.P. Recognized Basic School (Junior High School Recruitment and Condition of Teachers) Rules, 1978 (hereinafter referred to as the '1978 Rules') provided for appoint ment of Headmaster and Assistant Teacher. As per Rule 3, it is the responsibil ity of the Management to fill a vacancy in the post of Headmaster or Assistant Teacher of a recognized school by 31st July every year. Rule 7 provides for ad vertisement of vacancy and Rule 9 provides for Selection Committee. For the post of Assistant Teacher in an institution, other than minority institution, the Selection Committee is to comprise of Manager, Headmaster of the recognized school and a nominee of District Basic Education Officer.

(3.) AFTER holding the provision for taking prior approval from the State Government in the said Government Order as ultra vires the provision con tained under the 1978 Rules, in the aforesaid case, this Court directed the District Basic Education Officer, Allahabad to take appropriate decision on the application moved by the petitioner for sending of its nominee within a month.