Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 528 of 2020 Court No. - 38 HON'BLE DONADI RAMESH, J.
1. Heard Sri Ashok Kumar Ram, learned counsel for the petitioner and Sri Arvind Kumar Bharti, holding brief of Sri Rajesh Kumar, learned counsel for respondent no.6.
2. Present writ petition has been filed for following relief:
"(i) Issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools, Sonbhadra to forthwith approve the appointment of petitioner by formal order as the appointment of petitioner stands deemed approved under Section 16-FF r/w Chapter-II Regulation 17 (g) by way of reasoned speaking
order on the intimation which has been sent by the Manager of the Institution within specified period of time as this Hon'ble Court may so desires."
3. As the petitioner was appointed by respondent no.6-Committee of Management in the resultant vacancy of superannuation of one Ram Sakal Sharma on 31.03.2018. The selection process was undertaken on 14.02.2019 and the selection committee has accorded highest quality marks to the petitioner. Accordingly, the committee of management has sent proposals to the District Inspector of Schools on 26.02.2019 for
consideration of the said appointment as per Section 16-FF Chapter-II Regulation 17 (g) of the U.P. Intermediate Education Act. Though, the respondents have received the proposals but have not passed any orders, hence, the present writ petition.
4. Learned counsel for the petitioner has mainly relied on the Clause 4 of Versus Counsel for Petitioner(s) : Ashok Kumar Ram, Prabhakar Awasthi Counsel for Respondent(s) : C.S.C., Madan Lal Srivastava, Rajesh Kumar Neera Chauhan .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
Section 16-FF and states that respondents have to consider the appointments made by the minority institution and pass appropriate orders. But in the instant case, despite being received proposals, respondent no.4 has not passed any orders.
5. After notice, respondent no.4 has filed counter affidavit, in which it has been stated that there are shortcomings in the appointment and the respondents have not followed the procedure contemplated under the Regulations. But the fact remains that the respondents, so far, have not passed any order.
6. Considering the submissions made by learned counsel for the parties and perusal of provisions, more particularly, Section 16-FF, this writ petition is disposed of directing the respondents to consider the proposals sent by the management and pass appropriate orders, within a period of two months from the date of receipt of certified copy of this order. September 8, 2025 Noman WRIA No. 528 of 2020 2 (Donadi Ramesh,J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad