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2025 DAILYLAW 32327 (ALL)

C/M SARASWATI SADAN JUNIOR HIGH SCHOOL AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIA/14801/2018 · 2025-07-07

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107792 Court No. - 52 Case :- WRIT - A No. - 14801 of 2018 Petitioner :- C/M Saraswati Sadan Junior High School And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Krishna Counsel for Respondent :- C.S.C.,Virendra Chaubey Hon'ble Mrs. Manju Rani Chauhan,J. List revised. None appears on behalf of the petitioners. Mr. Virendra Chaubey, learned counsel for the respondent nos.4 and 5 is not present. Learned Standing Counsel for the State-respondents is present. Perused the record. Record shows that the petition has been filed with the prayer to direct the respondents to grant permission to the petitioners to initiate the recruitment process for the vacant sanctioned post of Assistant Teacher and a further prayer to decide the application of the petitioners' dated 25.06.2018 praying for creating sanction of one new post of Assistant Teacher in the school as per strength of the students. The petition is of the year 2018 wherein counter affidavit has been filed on behalf of respondent nos.4 and 5. In the counter affidavit, as filed by respondent nos.4 and 5 it has been stated that an order was passed by Hon'ble High Court of Judicature At Allahabad in the case of Committee of Management, Nehru Kishan Vidyalaya, Junior High School vs. State of U.P. and Others reported in 2017(3) ADJ (page no.503), in compliance of which the Directed (Basic) U.P. Lucknow issued a direction on 26.04.2018, directing the educational institutions to fill up all the vacant posts. The Right of children to Free and Compulsory Education Act, 2009 (hereinafter referred to as Act, 2009) mentions the ratio for the number of teachers to be appointed from Class-VI to VIII should be at least one teacher for 35 students. As per the report sent to the Education Director (Basic) U.P. Lucknow, 171 students were registered in the petitioners' institution and there was one Head Master and four teachers who were working in the institution. Thus, according to the provisions of the relevant Act, no question arose of granting permission for sanction of one post for Assistant Teacher. In view of the above, the present petition lacks merit and is dismissed, accordingly. Order Date :- 8.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad