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C/M Jawahar Jyoti Inter College And Another v. State Of U.P. Thru' Principal Secretary And Others - WRIT - A No. - 34245 of 2007  RD-AH 14746 (31 August 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and the learned standing counsel.
By this writ petition the petitioner has prayed for mandamus directing the District Inspector of Schools to grant permission to the petitioner to fill up the vacancy of Class II post . Petitioner's case in the writ petition is that after the death of Sunder Lal Sharma one posts of clerk fell vacant on 2.10.2005. Petitioner's case is that the Committee of Management has sent letter to the District Inspector of Schools for giving permission to fill up the post. Petitioner's case is that several reminders have been sent but no decision has been taken. Reference has been made to the last letter dated 28.6.2007 Annexure-4 to the writ petition addressed to the District Inspector of Schools. Learned counsel for the petitioner further submitted that there is no Class IV employee eligible for promotion. The question as to whether there is any Class IV employee eligible for promotion is to be decided by the authorities themselves. If there is no Class IV employee eligible the District Inspector of Schools is under obligation to offer the post of clerk fallen vacant in the institution to dependent of a deceased employee. It is for the District Inspector of Schools to decide the question either of promotion of a Class IV or offering the appointment to a dependent of the deceased employee or to permit the Committee of Management to fill up the post. However in view of the fact that the matter has already been represented to the District Inspector of Schools by the Committee of Management, ends of justice be served in disposing of the writ petition directing the District Inspector of Schools to consider the representation of the petitioner dated 28.6.2007 and take appropriate decision expeditiously. It is made clear that this Court is not expressing any opinion on the merits of the case and it is for the District Inspector of Schools to take decision in accordance with law.
With the above observations the writ petition is disposed of.
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