DIRECTOR OF EDUCATION Vs. GAJADHAR PRASAD VERMA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties.

(3.) This appeal by special leave arises from the order of the Allahabad High Court in CMWP NO.2669/90 dated 11-11-92. The admitted facts are that one Hariram Yadav, while working as Clerk, went on leave. In the leave vacancy, the respondent came to be appointed till Hariram Yadav joined the duty. By resolution dated 28-12-86, the Managing Committee resolved that even after Hariram Yadav joins duty on 1-5-87, the service of the respondent would be continued uninterruptedly. It is stated in the counter affidavit filed in this Court that the approval of the District Inspector of Schools was also obtained in that behalf. But no supporting material has been placed before us. The valid appointment of the non-teaching staff of a private aided institution to be valid, should be in accordance with the relevant rules. Since the validity of the appointment of the additional Clerk is not in issue, we need not deal with the matter in depth.