High Court of Judicature at Allahabad
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Shakir Ali & Another v. District Basic Education Officer & Others - WRIT - A No. 17677 of 2002  RD-AH 7148 (3 April 2006)
HON. SHISHIR KUMAR, J.
By means of the present writ petition the petitioners have approached this Court on the basis of the Government Order issued by the State Government dated 30.10.2006 in which it has been stated that in the colleges or schools where the language Urdu is being taught, a survey be made for the purpose of appointment of Urdu teachers. After making survey about 8000 teachers have been appointed. The petitioners' grievance is that on the basis of survey at least 140 teachers were to be appointed and only 58 teachers have been appointed. Therefore, a direction be issued to the State Government for making appointment of the Urdu teachers on the basis of the survey.
Admittedly the petitioners are not the applicants or the case of the petitioners at no point of time has been considered and they have not been appointed, therefore, in my opinion, the petitioners cannot maintain the present writ petition because there is no individual cause of action. Another thing which is to be considered by this Court is whether by way of writ of mandamus a direction can be issued to the State Government to fill up the vacancy. It is always domain of the State Government to make appointment on the basis of the vacancies or not. Admittedly the present writ petition is not Public Interest Litigation.
In view of the aforesaid fact, the writ petition is not maintainable and is hereby dismissed. No order as to costs.
W.P.No.17677 of 2002
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