Neutral Citation No. - 2025:AHC:81227 Court No. - 6 Case :- WRIT - A No. - 6764 of 2025 Petitioner :- Committee Of Management St. Perpetua Girls Junior High School Pakbara And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Himanshu Dubey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Prabhakar Awasthi, Advocate holding brief of Sri Himanshu Dubey, learned counsel for petitioners and Sri Meva Lal Gupta, learned Standing Counsel for State-Respondents. 2. Petitioner-Institution has initiated a process to fill up some post in School concerned and prior approval was granted by concerned respondent on 05.04.2023. Thereafter advertisement was issued on 07.04.2023 and presently recruitment process is at the stage of selection, however, there is a mandatory requirement of a nominee by concerned respondent but till date despite request name of nominee has not been forwarded. 3. Learned counsel for petitioner submits that at this stage a communication was made to petitioner-School on 04.11.2024 stating that subsequently a decision was taken on 06.06.2023 to stop any such procedure for appointment since State is contemplated to make amendment in U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, however, till date amendment, if any, not proposed. The exact words used in aforesaid order dated 04.11.2024 are as follows: "यददि चयन ककी ककायरवकाहही प्रस्तकादवत हहो दकन्ततु पपूरर न हहई हहो तहो उससे तत्ककाल प्रभकाव ससे दनरस्त कर ददियका जकाय।" 4. Learned counsel for petitioner placed reliance on a judgment passed by a Coordinate Bench of this Court in Committee of Management Adarsh Janta Madhyamik Vidyalaya and another vs. State of U.P. and others, 2020:AHC:48794 wherein a Full Bench judgment of this Court in Santosh Kumar Singh vs. State of U.P. and others (Special Appeal Defective No. 215 of 2015), decided on 22.07.2015, was taken note of that the date of commencement of selection process would be relevant for the purpose of application of rules and it will not govern by any subsequent rules or amended rules. He further submits that challenge to aforesaid order by way of special appeal was failed. 5. Learned Standing Counsel appearing for State-Respondents submits that not only there is a prohibition to continue selection process but there are reports that petitioner-School has not submitted correct facts and permission was based on incorrect material. However, it is not disputed that till date no action has been taken, i.e., permission has not been revoked. 6. In aforesaid circumstances, Court is of the opinion that the reason to stop selection process, i.e., State is under process to make amendment in Rules of 1978 cannot be a valid ground since no amendment has been carried out till date and proposal is still pending for last more than two years. No action has been taken to revoke the permission on ground that information submitted by School Management was not correct. The Court also takes note of Committee of Management Adarsh Janta Madhyamik Vidyalaya (supra) and no contrary law is placed on record. 7. In view of above, the writ petition is disposed of with observation that concerned respondent shall sent the nominee within three weeks from today. However, this order will not come in the way if respondents takes an action or propose to cancel permission, if information supplied by concerned School was wrong and for that due process shall be followed. Order Date :- 16.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad