Allahabad High Court
C/M JARIBANDHAN HIGHER SECONDARY SCHOOL AND ANOTHERversusSTATE OF U.P. AND OTHERS
- Decided
Holding
The High Court cannot direct the creation of teacher posts; the petition is dismissed.
Summary
The petitioners, C/M Jaribandhan Higher Secondary School and another, sought a writ directing the State of U.P. to create posts for Science and Mathematics teachers in their institution. The Court noted that a prior Division Bench had upheld a Single Judge's ruling that the High Court lacks authority to order creation of such posts, though it recommended that the respondents consider creating them. The Division Bench's decision is binding on the present bench, precluding any contrary view. Consequently, the petition was disposed in accordance with the Division Bench's observations, without any direction to create the posts or interference with the impugned order.
Issues considered
- Whether the High Court can direct the creation of teacher posts in the petitioner's institution under a writ petition
Subjects
- judicial review
- creation of posts
- education
- high court jurisdiction
- writ petition
- binding precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 43737 of 2007
C/M Jaribandhan Higher Secondary School And
Another .....Petitioner(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Chandra Naik, G.K. Singh,
Pradeep Verma, S.K.Maurya,
Shailendra Kumar Maurya, V.K. Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri B.C. Naik, learned counsel for petitioners and Sri A.K.
Mishra, learned Standing Counsel for State.
2. Court finds that Division Bench of this Court in an earlier case of
petitioners has already upheld the judgment of Single Judge that "this
Court cannot direct creation of posts of teachers in Science and
Mathematics in petitioners' institution" and further Division Bench has
made a recommendation to create posts and it was up to respondents to
accept it or not.
3. In view of above, since judgment passed by Division Bench of this
Court is binding upon this Court, therefore, no contrary view can be
taken.
4. Therefore, this writ petition is disposed of in terms of observations
made by Division Bench of this Court vide order dated 12.01.2004 passed
in Special Appeal No. 751/25 of 2004 without any direction to create post
and without interfering with impugned order.
(Saurabh Shyam Shamshery,J.)
May 7, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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