Neutral Citation No. - 2025:AHC-LKO:12316 Court No. - 5 Case :- WRIT - A No. - 3653 of 2017 Petitioner :- Bholendra Yadav Respondent :- State Of U.P. Thru. Pri. Secy. Samaj Kalyan And Ors. Counsel for Petitioner :- Manish Kumar Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents No.1 to 3 and Shri Vinod Singh, learned counsel appearing for respondent No.4. 2. Under challenge is the Government Order dated 26.08.2016, a copy of which is Annexure-1 to the petition, whereby two posts of Assistant Teachers have been sanctioned on temporary basis up to 28.02.2017 or earlier in case any order is passed. 3. Bereft of unnecessary details facts of the case are that respondent No.4-Committee of Management approached this Court by filing Misc Single No.1221 of 2013 In Re C/M Kisan Primary Pathshala Bankata through its Manager vs State of U.P. & Ors contending that there was an inadequate students-teachers ratio in the Institution. 4. This Court vide judgment and order dated 08.04.2015, a copy of which is Annexure-7 to the petition, disposed of the petition leaving it open to the petitioner to make a fresh representation to the competent authority who was required to take a decision in accordance with law. 5. In pursuance thereof, impugned Government Order dated 26.08.2016 was passed sanctioning two posts of teachers temporarily. 6. Learned counsel for the petitioner has invited attention of the Court towards the recommendation dated 17.06.2016, a copy of which is Annexure-8 to the petition, that had been sent by the Director, Samaj Kalyan, Government of U.P. to the State Government indicating that 5 posts of teachers are permissible in the Institution of which only 3 posts are sanctioned. 7. Contention is that without considering the said recommendation the impugned Government Order sanctioning two posts temporarily was passed that too without giving any justification as to why two posts were being sanctioned temporarily. 8. Perusal of the counter affidavit ,which has been filed by the respondents-State, would also indicate that no justification emerges from the averment made in the counter affidavit as to why two posts have been sanctioned temporarily more particularly when recommendation of the Director was for creation of two additional posts of Teachers. 9. Considering the aforesaid the writ petition is partly allowed. Order impugned dated 26.08.2016, a copy of which is Annexure-1 to the petition, is quashed. 10. The matter is remitted to respondent No.1 to pass a fresh order in accordance with law after examining the students' strength in the Institution in question and other Government Orders which may be holding the field in this regard. Let a decision be taken within a period of 8 weeks from the date of receipt of a certified copy of this order. Order Date :- 28.2.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench