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C/M, ASHRAFIA INTER COLLEGE & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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C/M, Ashrafia Inter College & Another v. State Of U.P. & Others - SPECIAL APPEAL No. 1347 of 2004 [2006] RD-AH 20037 (27 November 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.32

Special Appeal No.1347 of 2004

Committee of Management & another & others v. State of U.P. & others.

Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal,

This appeal arises from the order of the Hon'ble Single Judge of this Court dated 23.8.2004 dismissing the writ petition having become infructuous.

Shri Prakash Padia, learned counsel for the appellant vehemently contended that since the application of the petitioner-appellant for giving sanction of post of teaching and non-teaching staff has not been fully allowed, the cause of action survived and, therefore, the Hon'ble Single Judge erred in dismissing the writ petition on the ground that it has become infructuous.

We do not find any substance in the submission for the reason that the application/representation of the petitioner-appellant for the sanction of extra posts was fully considered and on the recommendation of the Joint Director dated 20.1.1998 two posts of lecturer and three posts of class IV employees were duly sanctioned vide order dated 16.10.2003.  This amounts to disposal of the application/representation of the petitioner-appellant for giving sanction of the extra posts.  Thus, we are of the view that the Hon'ble Single Judge has rightly held that the writ petition of the petitioner has become infructuous.  That apart, even on merit the petitioner-appellant, being private institution  duly recognised under the provisions of the U.P. Intermediate Education Act, has no legal right to insist for sanction of the post as per his requirement with financial liabilities nor has any right to seek mandamus for that purpose.  It is for the respondent-State and its department to decide the matter looking to various factors such as financial burden etc. Reference may be made to the judgment of the Full Bench of this Court in the case of Gopal Dubey v. District Inspector of Schools, Maharajganj and another, 1999 (1) UPLBEC 1.

In this view of the matter, we do not find any fault in the judgment of the Hon'ble Single Judge.  The appeal, being without merit, is hereby dismissed.

27.11.2006

A.


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