LAL BAHADUR SHASTRI S JR HIGH SCHOOL Vs. STATE OF UTTAR PRADESH
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
LAL BAHADUR SHASTRI S.JR.HIGH SCHOOL
STATE OF UTTAR PRADESH
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(1.)Leave is granted.
(2.)Shri Lal Bahadur Shastri Smarak Junior high School, Garhi Pukhta, District muzaffarnagar, Uttar Pradesh, through its manager Shri R. P. Singh filed Civil Misc. Writ Petition No. 29168 of 1998 before the allahabad High Court seeking a writ of mandamus to the respondents i. e. the State of U. P. through the secretary, Basic Education, the Director of Education (Basic) and the District Basic Education Officer, muzaffarnagar, to sanction three additional posts of assistant teachers for the school. The writ petition was dismissed by learned single Judge vide order dated 10. 9.1998 with the following observations:
"I find that the representation of the petitioner has been rejected on valid grounds. It is not a fit case in which interference is warranted. The policy decision taken by the State Govt. cannot be gone into. The writ petition is dismissed. However, as and when financial provisions are made, question of provisions are made, question of creation of post in the petitioner institution shall remain open. "
(3.)The appellants filed special appeal No. 932 of 1998 in the High Court assailing the order of the learned single judge. The said appeal was dismissed by a division bench of the High Court fide its judgment/ order dated 22.4.2000 with the following observations:
"On the contrary, the appellants want creation of some additional post of teachers which has been refused by the Director of Education (Basic) on the ground that the state government has not made any financial provision for the same. Learned counsel for the appellants has failed to show that the appellants have any legal right to claim creation of additional posts. In this view of the matter, we find no merit in the Special Appeal which is hereby dismissed at the admission stage. "the judgment/order of the division bench confirming the order passed by the learned single judge is under challenge in this appeal.
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