C/M Sabir Memorial Junior High School,Barabanki Thru. Manager Fuzail Jamal and Another v. State of U.P. Thru. Addl. Chief Secy. Basic Education,Lko. and 3 Others

Court No. - 7 Case :- WRIT - C No. - 9889 of 2023 Petitioner :- C/M Sabir Memorial Junior High School,Barabanki Thru. Manager Fuzail Jamal And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education,Lko. And 3 Others Counsel for Petitioner :- Arvind Kumar,Kalika Prasad Pandey Counsel for Respondent :- C.S.C.,Uday Veer Singh Hon'ble Abdul Moin,J.

¶1Heard learned counsel for the petitioners, learned Standing Counsel for respondents no.1 and 2, and Dr. Udai Veer Singh, learned counsel for respondents no.3 and 4.

¶2With the consent of learned counsel for the parties, the writ petition is being decided finally.

¶3The contention of learned counsel for the petitioners is that the permission sought by the institution from Basic Shiksha Adhikari, Barabanki for filling in four posts of Assistant Teachers has been rejected by means of order impugned dated

18.10.2023, a copy of which is Annexure-1 to the writ petition, on the ground that U.P. Education Service Selection Commission, 2023 has been formed and that the appointments are now to be made in accordance with the Commission.

¶4Dr. Udai Veer Singh, learned counsel for respondents no.3 and 4, fairly states that the Commission, 2023 has still not been constituted and thus an error has been committed by respondent no.3 while passing the order impugned dated 18.10.2023.

¶5Keeping in view the aforesaid fair submission made by Dr. Udai Veer Singh, learned counsel for respondents no.3 and 4, the order dated 18.10.2023, a copy of which is Annexure-1 to the writ petition, is quashed. The matter is remitted to respondent no.3 to pass a fresh order in accordance with law within a period of four weeks from the date of receipt of a certified copy of this order.

¶6The writ petition is disposed of. Order Date :- 8.11.2023 A. Katiyar High Court of Judicature at Allahabad, Lucknow Bench