Neutral Citation No. - 2025:AHC:67924 Court No. - 6 Case :- WRIT - A No. - 14886 of 2019 Petitioner :- C/M Adarsh Balika Junior High School And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ratnesh Khare Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta Hon'ble Saurabh Shyam Shamshery,J. 1. This Court has passed following orders on 17.10.2019 and 18.11.2019 respectively :- "17.10.2019 Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1, 2 & 4 and Sri Harsh Vardhan Gupta, learned counsel for the respondent nos. 3. Learned counsel for the petitioner submitted that petitioner is Manager of Adarsh Balika Junior High School. In the said Institution, one post of Head Mistress and two posts of Assistant Teachers are vacant. For which, petitioner has submitted an application before the respondent no.3 for grant permission which was denied by the impugned order dated 29.08.2019 on the ground that under oral instruction dated 1st June, 2019 issued by the respondent no.4, no permission can be granted. Learned Standing prays for and is granted two weeks time to seek instruction from the respondent no.4 about the oral instruction dated 1.6.2019. In case such instruction is issued, he shall also inform that under which provision of Rules, oral instruction has been issued by the respondent no.4 and also produce the relevant Rules which empowers the authority to issue oral instruction. Sri Harsh Vardhan Gupta shall also seek instruction whether the instruction issued by the respondent no.4 was oral or in writing. In case it is in writing, he shall also produce the copy of instruction dated 1.6.2019. Put up this case on 30th October, 2019 in the additional cause list." "18.11.2019 Heard learned counsel for the petitioners and learned Standing Counsel for the respondents no.1, 2 & 4. Sri Harsh Vardhan Gupta has accepted notice on behalf of respondent no.3. This Court on 17.10.2019 had passed the following order:- "Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1, 2 & 4 and Sri Harsh Vardhan Gupta, learned counsel for the respondent nos. 3. Learned counsel for the petitioner submitted that petitioner is Manager of Adarsh Balika Junior High School. In the said Institution, one post of Head Mistress and two posts of Assistant Teachers are vacant. For which, petitioner has submitted an application before the respondent no.3 for grant permission which was denied by the impugned order dated 29.08.2019 on the ground that under oral instruction dated 1st June, 2019 issued by the respondent no.4, no permission can be granted. Learned Standing prays for and is granted two weeks time to seek instruction from the respondent no.4 about the oral instruction dated 1.6.2019. In case such instruction is issued, he shall also inform that under which provision of Rules, oral instruction has been issued by the respondent no.4 and also produce the relevant Rules which empowers the authority to issue oral instruction. Sri Harsh Vardhan Gupta shall also seek instruction whether the instruction issued by the respondent no.4 was oral or in writing. In case it is in writing, he shall also produce the copy of instruction dated 1.6.2019. Put up this case on 30th October, 2019 in the additional cause list." On instructions, learned Standing Counsel has produced a letter dated 31.10.2019 issued by Special Secretary, State of U.P. which states that the proposed amendment in U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers) Rules, 1978 with respect to procedure for filling up the post of Assistant Teacher in the recognized Basic School (Junior High School) is at final stage and a ban has been put for filling up any vacancy in the Junior High School. He submits that because of this letter of the Special Secretary, no decision on the request of the petitioner can be taken. He wants the instructions to be brought on record through a counter affidavit. He prays for and is granted a week's time to file counter affidavit. One week thereafter is allowed to the petitioner to file rejoinder affidavit. List on 03.12.2019.” 2. None appears for petitioners. 3. Learned Additional C.S.C. submits that during pendency of this writ petition, U.P. Education Service Selection Commission Act, 2023 was enacted which has different schemes of appointment of teachers of basic schools, to be appointed by said Commission only. 4. In aforesaid circumstances, prayer made in this writ petition is rendered infructuous. The Committee of Management may approach concerned Commission to initiate process for selection which will be considered in accordance with law. 5. Writ petition stands disposed of with above observations. Order Date :- 30.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad