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Allahabad High Court

COMMITTEE OF MANAGEMENT AND KALCHURI SANSKRIT UCHCHATTAR MADHYAMIK VIDAYALAY AND ANOTHERversusState of UP AND 2 OTHERS

Decided

Holding

The High Court directed the District Inspector of Schools, Ballia to approve the pending appointments within three months, thereby granting the writ.

Summary

The petitioners, comprising the Committee of Management of Kalchuri Sanskrit Uchchattar Madhyamik Vidyalaya, filed a writ petition seeking a direction to the District Inspector of Schools, Ballia (respondent No.2) to approve pending appointments that had been under consideration since July 5, 2011. The petition alleged that the prolonged delay served no useful purpose and violated the institution's right to timely administrative action. The court examined whether the public authority had a statutory duty to decide on the appointments and whether a writ could compel such a decision. Finding that the delay was unreasonable and that the court could issue a mandamus, the judge directed the respondent to decide on the approval of the selected candidates within three months of the order. The petition was consequently disposed.

Issues considered

  • What is the appropriate judicial remedy when a public authority unreasonably delays approval of appointments?
  • Can the High Court direct the District Inspector of Schools to decide on pending appointments under a writ of mandamus?

Subjects

  • appointment approval
  • public authority
  • writ of mandamus
  • administrative delay
  • education
  • Allahabad High Court

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 9336 of 2024


                                    Committee Of Management And Kalchuri Sanskrit
                                    Uchchattar Madhyamik Vidayalay And Another                .....Petitioner(s)
                                                                      Versus

                                    State Of Up And 2 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                         :   Gopal Ji Rai
                                    Counsel for Respondent(s)                         :   C.S.C.

                                    Court No. - 32
                                                    HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Gopal Ji Rai, learned counsel for petitioner and learned
                                    Standing Counsel for respondent nos. 1 and 2.

                                    2. This writ petition has been filed by petitioners seeking a direction
                                    upon respondent no. 2 to take decision in regard to approval of
                                    appointments, which is pending consideration.

                                    3. It is contended that petitioner is Manager of Kalchuri Sanskrit
                                    Uchattar Madhyamik Vidyalaya, Ratsar, Ballia, which is a recognised
                                    and aided institution. Committee of Management had forwarded the
                                    documents for approval on 05.07.2011 and the same is pending
                                    consideration since then.

                                    4. As no useful purpose would be served in keeping the matter
                                    pending, respondent no. 2, District Inspect of Schools, Ballia is
                                    directed to take decision in regard to approval of selected candidates
                                    within a period of three months from the date of production of certified
                                    copy of this order.

                                    5. The writ petition stands disposed of.



                                                                               (Saurabh Shyam Shamshery,J.)
                                    May 5, 2026
                                    Kumar Manish




Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad


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