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Bechan Ram Yadav v. Dy. Director Of Education And Others - WRIT - A No. 25156 of 1996  RD-AH 7603 (25 April 2007)
Court No. 26
Civil Misc. Writ Petition No. 25156 of 1996
Bechan Ram Yadav
Deputy Director of Education, VIIth Region, Gorakhpur & Others
Hon'ble Rakesh Tiwari, J.
This petition has been filed for direction in the nature of mandamus commanding the respondents to promote the petitioner on the post of Lecturer in Hindi in Van Awadh Inter College, Lalitpur Ludihi, District Mau and further commanding the respondents not to make any appointment on the post of Lecturer in Hindi in the Institution.
The Court by its order dated 13.8.1996 has passed the following order:
"In the above facts and circumstances of the case, I am of the opinion that the District Inspector of Schools should decide the representation of the petitioner to set at rest the dispute relating to the appointment on the post of Lecturer in Hindi. I accordingly direct the District Inspector of Schools, Mau to decide the representation of the petitioner dated 15.7.1996 within six weeks of a certified copy of this order being placed before him."
The learned counsel for the petitioner states that the position at present is that the petitioner has already been promoted to the post of Lecturer vide resolution dated 30.5.2000 and is working as Lecturer in Hindi and respondent no. 4 against whom relief has been sought is also working as Lecturer in Hindi now.
The grievance of the petitioner is that though the petitioner has been appointed as the Lecturer in Hindi and entire papers of appointment of the petitioner had been sent by the Committee of Management to the District Inspector of Schools vide letter/resolution dated 21.9.2000, yet no orders have been passed on the same as the matter remains sub-judice during the pendency of the writ petition. The petitioner has moved an amendment application for the relief of issuance of a writ of certiorari for quashing the order dated 15.6.1998 appended as Annexure S.A. 2 by which the educational authorities have appointed one Swami Nath Ram on the post of Lecturer on ad-hoc basis.
Sri Swami Nath Ram has not been impleaded as a party to the writ petition and the learned counsel for the petitioner states that he is not seeking any relief against him, hence in the circumstances he only prays that the District Inspector of Schools may be directed to pass appropriate orders on the papers of the petitioner forwarded to him after he has been promoted as Lecturer in Hindi vide resolution dated 30.5.2000.
The learned Standing Counsel has no objection to this prayer.
Sri S.P.Pandey appearing for the Committee of Management submits that the Manager who was dealing with the case and opposing the contention of the learned counsel for the petitioner has died, hence direction may also be issued to the District Inspector of Schools not only to look into the matter of promotion of the petitioner after hearing him, but the Committee of Management may also be heard for the purpose of approval or disapproval of appointment of the petitioner.
In the above circumstances, the District Inspector of Schools, Mau is directed to decide:-
1.Whether the Committee of Management Van Awadh Inter College, Lalitpur Ludihi, District Mau has passed any resolution appointing the petitioner on the post of Lecturer in Hindi or not ?
2.If the resolution has in fact been passed by the aforesaid Committee of Management, it is open to the District Inspector of Schools to consider and decide independently and impartially whether approval can be granted or not to the appointment of the petitioner as Lectuer in Hindi in the College?
The aforesaid two questions shall be decided by the District Inspector of Schools by a reasoned and speaking order in accordance with law within two months from the date of production of a certified copy of this order.
In case there is any inter-se seniority dispute between the petitioner and respondent no. 4 the same shall also be decided by the appropriate authority/District Inspector of Schools within the same period for which the petitioner may move a separate representation afresh before the appropriate authority/District Inspector of Schools who may decide the same.
With the aforesaid directions this writ petition is disposed of.
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