100 से कम छात्र संख्या पर अंशकालिक अनुदेशकों को हटाये जाने सम्बन्धी शर्त शासनादेश में नहीं, प्रत्यावेदन का नियमानुसार निस्तारण करने का हाईकोर्ट का निर्देश

100 से कम छात्र संख्या पर अंशकालिक अनुदेशकों को हटाये  जाने सम्बन्धी शर्त शासनादेश में नहीं,  प्रत्यावेदन का नियमानुसार निस्तारण करने का हाईकोर्ट का निर्देश।

HIGH COURT OF JUDICATURE AT ALLAHABAD 
Court No. - 7 
Case :- WRIT - A No. - 46852 of 2016 

Petitioner :- Smt. Sundarwati Devi And Anr. 
Respondent :- State Of U.P. And 4 Ors. 
Counsel for Petitioner :- Bheem Singh 
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh 

Hon'ble Manoj Misra,J. 
Heard learned counsel for the petitioners; learned Standing Counsel for respondents 1 to 3; and Sri B.P. Singh for the respondent no. 4. 

Considering the nature of the order that is being passed, this Court does not find it necessary to issue notice to the respondent no. 5 or to call for counter affidavit as it would serve no useful purpose and, therefore, with the consent of learned counsel for the parties, this petition is being disposed of. 

The petitioners' claim is that they were appointed as part time instructor under the Government Scheme of Education for all and that appointment was renewable after expiry of 11 months on satisfactory service. It has been submitted that initial appointment was for the session 2013-14 and thereafter there was renewal for one term and for the academic session 2015-16 show cause notice was issued by the Basic Shiksha Adhikari, Azamgarh stating therein that appointment of an instructor is contemplated only in a school which has more than 100 students and since in the institution where the petitioners had been appointed, the strength of the student has fallen short of 100, therefore, the petitioners must show cause in respect of their claim for renewal. It has been submitted that no such condition is visible in the Government order and the allegation in the show cause notice that appointment of an instructor is to be considered only when the students in the institution are in excess of 100 is erroneous. 

Be that as it may, since the petitioners have already given a reply to show cause notice and the decision has yet not been taken by the 4th respondent, it would be appropriate to dispose of the writ petition with a direction to the 4th respondent (District Basic Education Officer, Azamgarh) to take a decision in respect of the claim of the petitioners for renewal in accordance with law preferably within a period of four weeks from the date of filing of certified copy of this order in his office. 

With the aforesaid direction, the writ petition stands disposed of. 
Order Date :- 28.9.2016 
Arvind