HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 6701 of 2017 Court No. - 28 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State. 2. This petition has been filed with the following main relief: "(i) A writ, order or direction in the nature of Mandamus thereby commanding the opp. party no.2 to take a decision with regard to creation of the posts of Lecturer Grade or to pass an order for upgradation of posts in the Institution namely Hamid Ali Intermediate College, Pihani, District Hardoi as the recognition has been granted by the opp. party no.3 in the year 1985, and to pay salary to the petitioner nos.2 to 6 accordingly, forthwith for which repeated requests have been made by the petitioners." 3. It has been submitted by learned counsel for the petitioners that petitioner nos.2 to 6 are working in the Institution i.e. Hamid Ali Intermediate College, Pihani, District Hardoi, since the year 1985. They are teaching in the intermediate classes, but their posts have not been sanctioned/ created by the State Government. Learned counsel for the petitioners prays that a direction may be issued to the State Government to take a decision in the matter. 4. On the other hand, learned Standing Counsel has taken a specific stand in the counter affidavit that the District Inspector of Schools had granted Versus Counsel for Petitioner(s) : Rakesh Kumar Singh Counsel for Respondent(s) : C.S.C. C/M Hamid Ali Intermediate College Hardoi Thru Manager And Ors .....Petitioner(s) State Of U.P. Thru Prin.Secy.Secondary Edu.Civil Sectt.Andors. .....Respondent(s) permission to open two additional sections in Class 11th and since the date of recognition/permission, the college authorities did not proceed to get created the requisite posts till 2009, and even the recognition with aid (Savitta Manyata) was given, and at the first time in the year 2009, the application for creation of posts was submitted by the college authority and in pursuance thereto, vide letter dated 29.9.2009 the then District Inspector of Schools had informed that due to ban imposed on creation of posts, the creation of post is not possible and after lifting the ban, the matter of creation of post shall be considered on the submission of requisite application. Further, it has been submitted by learned Standing Counsel that the Committee of Management of the Institution has not taken any steps till date. He further submits that since no post is sanctioned/created by the State Government/Department in Intermediate Classes, no relief for payment of salary can be claimed. He further submits that the Committee of Management of the College has appointed the petitioners without any sanctioned post and is taking work from the said appointees and only the Committee of Management of the College is responsible for payment of salary to the said appointees from its own resources. 5. The petitioners have not moved any representation before the competent authority. Learned counsel for the petitioners prays that the petitioners may be allowed to move a fresh representation, which may be directed to be decided within a time frame. 6. Without entering into the merits of the present controversy, this writ petition is disposed of with a direction to the petitioners to move a representation before respondent no.1 within a period of ten days from today, which shall be considered and decided by respondent no.1 in accordance with law, within a period of four weeks thereafter, without being influenced by any observation made by this Court in this order. October 6, 2025 Sachin WRIA No. 6701 of 2017 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench