Neutral Citation No. - 2025:AHC:35584 Court No. - 10 Case :- WRIT - A No. - 2765 of 2021 Petitioner :- C/M Lalauli Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and Ms. Tanu Roopanwal, learned Standing Counsel. 2. This is the second round of litigation. 3. The petitioner, Committee of Management of Lalauji Inter College, Lalauli, Distrit-Fatehpur has approached this Court earlier by way of filing Writ Petition No.36347 of 2017 which was disposed of by following order dated 5.12.2017. "Heard learned counsel for the parties and perused the record. The instructions received from the office of the Additional Secretary, Madhyamik Shiksha Parishad, Regional Office Allahabad has been supplied by the learned Standing Counsel, which is taken on record. A perusal thereof indicates that Institution in question has been granted recognition for High School and Intermediate (Art group) in subjects Hindi, English, Sanskrit, Urdu, History, Geography, Political Science, Economics, Arts, and for Intermediate (Science group) in subjects Hindi, Physics, Chemistry, Mathematics, English and as an additional subject, Biology since the year 2003. All communications showing the recognition granted by the competent authority, namely, the Board have been brought on record. By means of the amendment application, a prayer has been made to issue a mandamus commanding the respondent no.2 Director of Education (Secondary) to forthwith sanction the post of Lecturers in subjects Geography, Sanskrit, History, Arts and Biology in terms of Section 9 of U.P. High Schools and Intermediate Colleges (Payment of Salaries to Teachers and other Staff) Act, 1971. It is sought to be contended that the petitioner is continuously making representation for getting sanction of posts so that the interest of the students may not suffer, but, no decision has yet been taken into the matter. Be that as it may, without entering into merits of the claim of the petitioners, present petition is being disposed of directing the petitioners to approach the respondent no. 2 within a period of two weeks along with the certified copy of this order and in case, petitioners move such an application enclosing with the relevant documents, the respondent no. 2 shall consider the same and take appropriate decision thereon in accordance with law expeditiously, preferably within four weeks from the date of submission of the said application under due intimation to the petitioners. " 4. Learned counsel for the petitioner submits that thereafter without giving an opportunity to the petitioner/Committee of Management to place their case, by impugned order, prayer to sanction 5 new posts was rejected on erroneous grounds. 5. Learned counsel for the petitioner submits that Section 9 of U.P. High Schools and Intermediate Colleges, (Payment of Salary to Teaching and Other Staff) Act, 1971 provides that if the circumstances so exist sanction could be granted for the post. However, no opportunity was granted therefore, some important factual aspects were not brought into the notice of concerned respondents.Learned counsel refers few paragraphs of the writ petition. 6. Learned Standing Counsel submits that impugned order has assigned reasons. However, the fact as to whether the petitioner was heard or not is not reflected in the impugned order. 7. In the aforesaid circumstances, there will be no legal harm if the petitioner is granted an opportunity to place their case so that a reasoned order could be passed by the concerned respondents. 8. In the aforesaid circumstances, impugned order dated 18.7.2018 is set-aside and the matter is remanded to the concerned State Respondents with liberty to the petitioner to file a detailed representation within a period of three weeks and after the aforesaid period concerned State Respondents will provide an opportunity of hearing to the petitioner and will pass a fresh and reasoned order within a short period since the matter is of year 2017 and this writ petition is pending for the last more than four years. Order Date :- 11.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad