C/M Sri Kalika Intermediate College and Others vs State Of U.P. and Others

Hon''ble Sudhir Agarwal, J.—Writ petition is directed against the order dated 29.6.2007 passed by Joint Director of Education, Vindhyanchal Mandal, Mirzapur (Annexure 5 to writ petition). It appears that in purported compliance of this Court''s order dated 29.11.2006 and 8.2.2007 passed in Company Application No. 4 of 1997, Joint Director of Education has directed that respondents 6 to 9 shall be absorbed in privately managed institution though aided. It is pointed out that aforesaid two orders of this Court were subsequently clarified by Hon''ble Single Judge on 14.7.2009 and it says "It is thus made clear that words "State Schools" means that services of these Teachers and employees shall be adjusted in the schools run by State Government and not in the private aided or private un-aided schools." In view of aforesaid clarification of the order dated 29.11.2006 and 8.2.2007, it cannot be doubted that respondents 6 to 9 could not have been absorbed/ adjusted in privately managed aided institution and to this extent impugned order cannot sustain. Learned counsel for respondents could not dispute this position.

Writ petition is, accordingly, allowed. Impugned order dated 29.6.2007 (Annexure 5 to writ petition) so far as it relates to respondents 6 to 9 is hereby quashed. Respondents-educational authorities shall again consider question of absorption of respondents 6 to 9 in the light of the orders of this court dated 29.11.2006 and 8.2.2007 as clarified on 14.7.2009 and pass fresh order within three weeks from the date of production of certified copy of this order, unless a fresh order has already been passed.