In this case the matter relating to sanction of additional posts of teachers has been dragging on since 1987 and the problem remains unsolved.
It is also provided in the government order that whenever additional classes or sections are permitted to be opened in the school, additional teachers should be appointed so that teaching in the newly opened classes does number suffer.
From the order passed by the Director it is clear that the authority did number companysider the matter in proper perspective.
Therefore, the orders passed by the High Court dismissing the writ petition and special appeal are set aside, the writ petition is allowed and the order of the Director of Education Basic , Uttar Pradesh dated 13.8.1998 is quashed.No attempt was made to ascertain if there is a need for extra teachers in the school.
Financial sanction of the government may be an administrative pre condition for the Director which he should have obtained but that cannot be accepted as the sole ground for rejecting the request of the management for the additional posts in the companytext of the sanction of additional sections.
The High Court also did number companysidered the matter on merit but dismissed the writ petition and the special appeal merely on the ground that the writ petitioners had numberright to get sanction of the additional posts of teachers.
The ground of want of financial sanction of the government is in our companysideration number an acceptable reason particularly after the additional sections in the two classes were sanctioned by the District Inspector.
The said appeal was dismissed by a division bench of the High Court jde its judgment order dated 22.4.2000 with the following observations On the companytrary, the appellants want creation of some additional post of teachers which has been refused by the Director of Education Basic on the ground that the state government has number made any financial provision for the same.
In the government order dated 20.1.1986 the standard staffing pattern of the teaching staff for a recognized junior high school is set out.
At the companyt of repetition it may be stated that all relevant aspects of the matter have number been companysidered by the Director while passing the order rejecting the appellants request for additional posts of teachers.
Shri Lal Bahadur Shastri Smarak Junior High School, Garhi Pukhta, District Muzaffarnagar, Uttar Pradesh, through its Manager Shri R.P. Singh filed Civil Misc.
Despite the directions of the High Court to the Director of Education Basic to examine the matter and pass appropriate order vide order dated 4.3.1997 in Civil Miscellaneous Writ Petition No.
Writ Petition No.
As numbered earlier, the District Inspector of Schools, Muzaffarnagar vide the order dated 27th July, 1987 accepted the request of the management of the school and sanctioned additional sections in classes VI and VIII.
7785 of 1997, care has number been taken to companysider the relevant aspects of the matter.
29168 of 1998 before the Allahabad High Court seeking a writ of mandamus to the respondents i.e. the State of U.P. through the secretary, Basic Education, the Director of Education Basic and the District Basic Education Officer, Muzaffarnagar, to sanction three additional posts of assistant teachers for the school.
The appellants filed special appeal No.
Leave is granted.
932 of 1998 in the High Court assailing the order of the learned single judge.
