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Judgment
Pankaj Purohit, J
Petitioner before this Court is a Committee of Management of a non government aided institution named as National Junior High School, Dhanori, Haridwar.
By means of this writ petition, petitioner seeks to quash the order dated 29.11.2023 issued by respondent no.5 (annexure no.6) by which a ban was imposed on recruitment on the post of teaching and non-teaching staff, whereby respondent no.5-Chief Education Officer, Haridwar refused to give his consent/approval for appointment in the said institution.
It is case of the petitioner that the petitioner is a non-government aided institution. Vacancy on the post of two Junior Assistants fell in the institution on 01.12.2022 and 01.12.2023. The petitioner applied to respondent no.5-Chief Education Officer for giving the petitioner approval to advertise two vacant posts of Junior Assistants by making an application dated 20.10.2023. When no action was taken on the said application petitioner-Institution moved another application dated 19.12.2023 by way of a reminder for a request to give consent to the petitioner-Institution to advertise the posts of two Junior Assistants vacant in the Institution.
It is contended by learned counsel for the petitioner that respondent no.5 sat over the matter and no further action has been taken by respondent no.5 so far.
Learned State counsel submitted that earlier there was a ban imposed by the State Government on any appointment in a non government aided institution. Both the parties are in agreement that the said ban was imposed by the State Government vide communication dated 10.11.2022 made by respondent no.2-Director General of School Education, Uttarakhand has been quashed by the Co-ordinate Bench of this Court vide judgment and order dated 16.08.2023, passed in WPMS No.3231 of 2022, Committee of Management Vs. State of Uttarakhand and others and batch of writ petition.
It is contended by learned counsel for the petitioner that despite this fact instead of giving consent to the petitioner-Institution to advertise the post and to fill the vacancies, again a ban was imposed vide order dated 29.11.2023.
Order impugned in the instant writ petition dated 29.11.2023 was quashed by Co-ordinate Bench of this Court vide judgment and order dated 19.12.2023 in WPMS No.3405 of 2023, Committee of Management Vs State of Uttarakhand in batch of writ petitions, however the writ petition was kept pending calling counter affidavit from the respondent.
It is contended by learned counsel for the petitioner that now there is no impediment with the State to grant consent/approval for supplying vacancies by publishing the advertisement.
Learned counsel for the petitioner prays that if a direction is issued to the respondent no.5-Chief Education Officer to give consent to issue an advertisement for two vacant posts of Junior Assistants within a stipulated period, ends of justice would be met.
To this proposition there is no opposition from the side of learned State counsel.
Accordingly, writ petition stands disposed-off. Respondent no.5-Chief Education Officer, Haridwar is hereby directed to decide and to pass a well reasoned order on the application moved by the petitioner dated 20.10.2023 and 19.12.2023 within a period of three months from the date of production of certified copy of this order.