COMMITTEE OF MANAGEMENT, NARAYAN INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIA/9614/2025 · 2025-07-14
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[ 2025 DAILYLAW 74434 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74434 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:113568 Court No. - 32 Case :- WRIT - A No. - 9614 of 2025 Petitioner :- Committee Of Management, Narayan Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Jain Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J.
1. The instant writ petition has been filed with the following prayers:-
"(i). to issue a writ of mandamus, order or direction in the nature of mandamus commanding the respondent authorities to decide the matter pending before them by passing orders on the proposal dated 1.1.2023 of the Committee of Management of Narayan Inter College, Malhausi, Auraiya; (ii). to issue a writ of mandamus, order or direction in the nature of mandamus commanding the respondent authorities to abolish the post of Lecturer (Economics) and to create the post of Lecturer (Education) in Narayan Inter College, Malhausi, Auraiya;"
2. Learned counsel appearing on behalf of petitioners submitted that Committee of Management, Narayan Inter College, Malhausi, Auraiya passed a resolution on 01.01.2023 to get the post Lecturer (Economics) abolished as there is no requirement of said post since no student of Economics subject is available or admitted in the instant college. It is also resolved that post of Lecturer (Education) was created in place of Lecturer (Economics) and it was also resolved that Management shall take appropriate steps for implementation of the said resolution. It is also submitted that Manager of the said institution vide letter dated 10.01.2023 informed the Additional Director of Education (Secondary), Prayagraj about the aforesaid resolution passed by the Management and requested to abolish the post of Lecturer
(Economics) and to create post of Lecturer (Education) in the said college. Learned counsel appearing on behalf of petitioners also apprised the Court that District Inspector of Schools, Auraiya vide letter dated 07.05.2025 has forwarded a copy of the letter dated 23.04.2025 to respondent no.3.
3. Learned counsel appearing on behalf of petitioners made innocuous prayer that respondent no.2 Director of Education (Secondary), U.P. Prayagraj may be directed to pass appropriate
order on the application dated 07.05.2025 in accordance with law in time bound manner as the institution has not able to take any admission in the subject of Lecturer (Education) due to the pendency of the decision on the part of the Director of Education (Secondary), U.P. Prayagraj.
4. Per contra, Sri Jitendra Singh, learned Standing Counsel has opposed the instant writ petition on merit but he has no objection to the innocuous prayer as made by learned counsel for the petitioners.
5. Heard Sri Rahul Jain, learned counsel for the petitioners and Sri Jitendra Singh, learned Standing Counsel and perused the contents made in the petition.
6. Without entering into the merits of the case, I am inclined to allow the prayer made by learned counsel for the petitioners to which learned Standing Counsel has no objection.
7. The respondent no.2 Director of Education (Secondary), U.P. Prayagraj is directed to pass a detailed order on the application dated 07.05.2025 in accordance with law expeditiously preferably within a period of eight weeks after taking into consideration all the documents and giving opportunity of hearing to the petitioner.
8. The writ petition is, accordingly disposed off.
Order Date :- 15.7.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad