V.K.SHUKLA, J. - (1.) PETITIONER claiming themselves to be Committee of Management of Vishvanath Vidyalaya, Mundera, Allahabad through its Manager Harish Chandra Agrawal has approached this Court for issuing a writ in the nature of mandamus commanding the District Basic Education Officer, Allahabad to send nominee and cooperate in completing selection process of appointment for the post of Headmaster and Assistant Teacher, respectively at Vishva Nath Vidyalaya, Mundera, Allahabad.
(2.) BRIEF background of the case as mentioned in the writ petition is the post of Headmaster had been lying vacant and one Sayed Maqsud Hasan had been holding the charge of Headmaster and he died on 5.5.2003. Petitioners have contended that as vacancy of Headmaster and vacancy of Assistant Teacher both were lying vacant, as such request was made to District Basic Education Officer, Allahabad to accord necessary permission for advertising the aforementioned vacancies. Petitioner have further contended that due intimation was given to District Basic Education Officer but as no communication whatsoever had been sent, consequently, vacancy in question was advertised on 23.7.2003 and 16.10.2003 respectively. Petitioner have contended that after receiving applications from prospective candidate request was made for sending of a nominee. Petitioners submit that said request was not adverted to and no heed was paid to the same, as such complaining inaction on the part of respondents authority, present writ petition has been filed. To. this writ petition counter affidavit has been filed and therein it has been submitted that there is dispute of Management and the post of Headmaster is under dispute and one Jai Karan Singh is also claiming himself to be the Headmaster of the institution and this Court in Civil Misc. Writ Petition No. 43320 of 2004 has asked the authority concerned to consider the claim of said Jai Karan Singh, as such rightly no action has been taken further reliance has been placed in the Government Order dated 20.1.2003 wherein it has been provided for that no appointment can be made without taking prior approval from the State Government. In this background it has been submitted that matter has to be referred to the State Government, as such without there being any order from the State Government, no action is warranted.
(3.) REJOINDER affidavit has been filed and therein it has been asserted that dispute in respect of Management is totally artificial dispute and further petitioners Managing Committee have been accorded recognition and there is no interim order operating against the same. It has also been contended that Sayed Maqsud Hasan has been paid is salary' along with arrears and as far as claim of Jai Karan Singh is concerned, same has been rejected on 20.12.1999. In this background it has been contended that nominee be sent for concluding selection proceedings.;