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Allahabad High Court directs Additional Chief Secretary to submit list of all state recognised institutions

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The Allahabad High Court has directed the Additional Chief Secretary, Secondary Education, Civil Secretariat, U.P, Lucknow to submit a list of all State recognized and aided institutions mentioning therein the total strength of such institutions, sanctioned posts of teaching staff, requisition sent and as to how many vacancies are existing in such institutions as well as relevant circulars issued from time to time.


A Single Bench of Justice Manju Rani Chauhan passed this order while hearing a petition filed by C/M Kisan Inter College.


The writ petition has been filed assailing the order dated 16.03.2022 passed by the Secretary, Uttar Pradesh Madhyamik Shiksha Sewa Chayan Board, Prayagraj and order dated 02.05.2022 passed by the District Inspector of Schools, Basti.
Counsel for the petitioner submitted that vacancy on the post of Lecturer (History) was advertised in the year 2016.

Pursuant to which, the appointment was made as is clear from the letter of DIOS dated 10.05.2018. A reply in this regard was sent by the petitioner stating therein that there is no vacancy on the said post as a person, Nitesh Kumar Shukla is working pursuant to the stay order granted by the Co-ordinate Bench of the Court, therefore, respondent no 4, who was selected on the said post pursuant to the aforesaid advertisement, has not been permitted to join as one Nitesh Kumar Shukla is working as adhoc basis Lecturer (History), hence the writ petition has been filed.


J.N Maurya, Chief Standing Counsel for the State pointed out that a requisition has been sent by the College and pursuant to the same, appointment has been made, therefore, the plea of not permitting the petitioner to join on the said post, cannot be taken by the petitioner on the ground that a person, Nitesh Kumar Shukla, is working on adhoc basis on the said post.


He further pointed out that controversy with respect to right of adhoc Lecturers has been settled by the Apex Court in the case of Sanjay Singh & Ors vs State of U.P & Ors, whereby the right of selected candidates cannot be taken away by the teachers, who were working on adhoc basis.


From perusal of records, the Court found that something is fishy in all State recognized and aided institutions wherein though after a requisition being sent, the selected candidates pursuant to the advertisement, are not being permitted to join on some other grounds.


“In such situation, let the Additional Chief Secretary, Secondary Education, Civil Secretariat, U.P, Lucknow, i.e respondent no1, is directed to submit a list of all State recognized and aided institutions mentioning therein the total strength of such institutions, sanctioned posts of teaching staff, requisition sent and as to how many vacancies are existing in such institutions as well as relevant circulars issued from time to time.


Akash Rai, counsel for respondent no 2 is also directed to file a short counter affidavit with respect to the selection of respondent no 4 in the case”, the order reads.


The Court has fixed the next hearing of the petition on July 11, 2022.

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