COMMITTEE OF MANAGEMENT, SRI DEHATI INTER COLLEGE, AURAIYA Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2007-8-333
HIGH COURT OF ALLAHABAD
Decided on August 17,2007

Committee Of Management, Sri Dehati Inter College, Auraiya Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

V.K.Shukla, J. - (1.) The Committee of Management of Sri Dehati Inter College, Navilganj, Achalda, Auraiya, through its Manager, has approached this Court, questioning the validity of orders dated 18.11.2006 and 01.11.2006 passed by the District Inspector of Schools, Auraiya, asking the petitioner to fill up the post of two L.T. Grade teachers.
(2.) Civil Misc. Writ Petition No. 68484 of 2006 has been filed by Aparna Singh for issuing a writ in the nature of mandamus, commanding the respondents to issue appointment letter pursuant to her selection.
(3.) Brief background of the case is that in the district of Auraiya, there is an institution known as Sri Dehati Inter College, Navilganj, Achalda, Auraiya, duly recognised under the provisions of U.P. Intermediate Education Act, 1921. In the institution concerned there are 22 posts of L.T. Grade teachers, to which petitioner submits that 16 are already filled up, out of which two teachers belong to Scheduled caste, six Backward class and eight are from general category. Thus, two posts of L.T. Grade teachers for Scheduled caste and four for general category are lying vacant. The institution in question notified these vacancies and said vacancies were notified by the District Inspector of Schools vide letter dated 20.10.2004., The U.P. Secondary Education Service Selection Board advertised the vacancies, and pursuant to the same recommendation has been made. U.P. Secondary Education Service Selection Board made recommendation in favour of six incumbents, including Aparna Singh and Km. Nidhi Saxena. Aparna Singh approached the Management of the institution for ensuring her joining, but her joining was not ensured and the candidates who approached after Aparna Singh, viz., Maulendu Narain Pandey, Km. Nisha Gupta and Anand Shukla were allowed to assume charge. Contention of the Managing Committee of the Institution has been that by ensuring joining of Aparna Singh, provisions of U.P. Act No. 4 of 1994 would be violated.;


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