Neutral Citation No. - 2025:AHC:119673-DB Court No. - 21 Case :- SPECIAL APPEAL No. - 220 of 2025 Appellant :- Committee Of Management Inter College Meethepar And Another Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Jitendra Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri J.K. Srivastava, learned counsel for the appellants and Sri Rajeev Gupta, learned Additional Chief Standing Counsel for the State- respondents. 2. The instant intra- court appeal is directed against the order of learned Single Judge dated 27.2.2025, by which the Writ-C No. 3544 of 2022 filed by the appellants herein for a direction to the State Government to grant approval to the recommendation made by Director of Education (Madhyamik) U.P., Lucknow in respect of creation/ sanction of posts in the petitioners' institution within a specified time and to decide the representation filed in this behalf dated 25.10.2021, was dismissed. 3. Learned Single Judge has noted that the Director of Education had determined the strength of the petitioners' institution vide order dated 25.1.2017 and while determining the same he has also disapproved the appointments against non sanctioned posts. It has also been observed that for making any amendment in the sanctioned strength, the power is vested with the State Government and therefore he referred the matter to the State Government. The learned Single Judge has observed that the petitioners have not challenged the order of Director of Education dated 25.1.2017 but only sought mandamus to the State Government. In case the petitioners wanted only relief based upon the order of Director of Education dated 25.1.2017, they should not have waited for four years for getting the order implemented. It has also been observed that the petitioner should have adopted the procedure contemplated under Section 9 of the High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 instead of filing the writ petition. 4. Learned counsel for the appellants submits that under Section 9 of the Act of 1971, no specific procedure is provided and when recommendation was made by the Director of Education keeping in mind the said provision and also in compliance of a previous direction by a writ Court dated 20.5.2016 for examining the claim of the petitioners' institution for sanction of additional post, it was the obligation of the State Government to have considered the same. 5. The order of Director of Education dated 25.1.2017 was passed in compliance of a previous order dated 20.5.2016 in Writ No. 35810 of 2015 filed by the appellants specifically with the grievance that the institution despite being upgraded upto Intermediate level in the year 1985, the State has failed to provide financial approval for the additional post required for teaching standard 11 to 12. The Director of Education in the recommendation made by him vide his order dated 25.1.2017 has also taken notice of the said fact and after examining the student strength and other parameters has made a reference to the State Government for creation of additional posts as the said power is vested only in the State Government. 6. As it is not shown to us that after the reference was made by the Director of Education, any specified procedure was to be followed by the petitioner and that the State Government had ever considered the recommendation of Director of Education, we find no inordinate delay as to deny at least the consideration of recommendation of Director of Education by the State Government. 7. Consequently, we are of the opinion that the reference by the Director of Education be considered by the State Government in accordance with law within twelve weeks from the date of communication of the instant order alongwith a fresh representation. 8. It is directed accordingly. 9. The appeal stands allowed to the extent indicated above. The order of learned Single Judge shall accordingly stand set aside. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 22.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad