BRIJ NARAYAN TRIPATHI AND 3 ORS. Vs. STATE OF U.P. THRU PRIN. SECY. DEPTT. OF SECONDARY EDU.
LAWS(ALL)-2019-4-370
HIGH COURT OF ALLAHABAD
Decided on April 30,2019

Brij Narayan Tripathi And 3 Ors. Appellant
VERSUS
State Of U.P. Thru Prin. Secy. Deptt. Of Secondary Edu. Respondents

JUDGEMENT

Rajesh Singh Chauhan,J. - (1.) Heard learned counsel for the parties.
(2.) During the course of arguments, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel has produced the copy of order dated 09.05.2017 passed by this Court in Writ Petition No.10118 (M/S) of 2017; Rahat Janta Inter College through its Manager Sri Arshad Khan v. State of U.P. and others. The aforesaid writ petition was filed on 05.05.2017 making the prayer, which is being reproduced here-in-below:-- "To issue a writ, order or direction in the nature of mandamus thereby commanding the opposite party no.2 to give permissiveness in order to fill in the vacant post in Rahat Janta Inter College, Nanpara, Bahraich e.g. one post of Lecturer Social Science, two posts of Assistant Teacher Arts in L.T. Grade and two posts of Home Science which have already been created by opposite party no.3 vide letter dated 20.01.1992 and 16.08.1978."
(3.) Learned Additional Chief Standing Counsel has further submitted that vide advertisement dated 11.04.2017, which is contained as Annexure No.8 to the writ petition), four posts of Lecturer, 14 posts of Assistant Teacher and nine posts of Teacher attached to Primary Section have been advertised. Sri Singh has submitted that at the time of issuance of advertisement dated 11.04.2017, the Committee of Management was aware that the Permissiveness from the Director of Education, Secondary Education, would be required. However, the Institution in question had become minority Institution before 11.04.2017, to be more precise, on 22.02.2017.;


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