Neutral Citation No. - 2025:AHC:143970 Court No. - 38 Case :- WRIT - A No. - 23134 of 2016 Petitioner :- Kailash Nath Verma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- G. Sharma,Namit Kumar Sharma,Ravi Anand Agarwal,Shreya Gupta,Vijay Kumar Counsel for Respondent :- Amit Tripathi,C.S.C.,Deepa Tripathi Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Amit Tripathi, learned counsel for the 6th respondent. 2. The present writ petition has been filed by the petitioner questioning Clause 2 (Ka) (5) of the Government Order dated 07.02.2014 to the extent of sanctioning post of clerk in only Sanskrit Mahavidyalaya of "Ka" category and further direction to the State Government to sanction the post of clerk and the same may be admitted to grant-in-aid to the 6th respondent- institution. 3. On perusal of the translated copy of the Government Order dated 07.02.2014, Clause 2 of sub-clause (5) clarifies that in every school taken on grant list, posts of one headmaster and maximum five teachers are permissible. In Sanskrit colleges of category "Ka", the posts of one clerk and one attendant are also permissible. 4. Aggrieved by the said Clause, the petitioner is before this Court. 5. By virtue of the said classification, the respondents have denied the post of clerk to the 6th respondent - institution. 6. At the time of hearing, by way of filing 2nd supplementary affidavit, learned counsel for the petitioner has brought to the notice of the Court the U.P. Board of Secondary Sanskrit Education (Appointment and Conditions of Service of Heads of Institution, Teachers and other employees of the Institution) Rules, 2009 (hereinafter referred to as "the Rules, 2009") framed for regulating the appointment and conditions of service of the Heads of the Institutions, teachers and other employees of the institution. As per Rule 16 of the Rules, 2009, one post of Group C and one post of Group D were sanctioned to every Sanskrit institution and there is no classification in the Rules. 7. Learned counsel for the petitioner has submitted that by virtue of the above statutory Rules, the State Government has removed classification which was issued in the impugned government notification. In view of the subsequent statutory provision, learned counsel for the petitioner has requested to issue direction to the respondents to grant / admit one post Group C to the 6th respondent - institution without insisting for classification as notified on 07.02.2014. 8. Counter affidavit has been filed on behalf of the State-respondents. As per the Government Order dated 07.02.2014, the 6th respondent - institution was granted recognition upto the level of Uttar Madhyama and also taken on grant-in-aid list by the Government Order dated 11.08.2015. Accordingly, one post of principal, four posts of teachers recognized and admitted to grant-in-aid. The State Government has not recognized post of clerk and peon to the institution in question. Though after filing of 2nd supplementary affidavit, several opportunities were given to the respondents with regard to removal of classification, the respondents are not able to place any records contrary to the submissions made by learned counsel for the petitioner. 9. In view of the said circumstances, as per averments made in the 2nd supplementary affidavit filed by the petitioner, more particularly amendment made to the Rules, 2009, as there is no classification mentioned in the statutory Rules, hence there is no necessity to declare the classification made in the Government Order dated 07.02.2014. With regard to consequential relief, as the statutory Rules provided for one post of Group C and one post of Group D to Sanskrit institution, therefore, the 6th respondent - institution would also cover the same. 10. Accordingly, the present writ petition is disposed of directing the respondents to consider the case of the petitioner for admitting one post of Group C into grant-in-aid to the 6th respondent - institution. This exercise should be done within a period of three months from the date of receipt of copy of this order. Order Date :- 21.8.2025 rkg (Donadi Ramesh, J.) WRIA No. 23134 of 2016 2 Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad