SHIV PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This is a writ petition under Article 226 of Constitution of India seeking to challenge the order dated 17.8.1994 (Annexure CA-1 to the counter affidavit of respondent No. 5) and order dated 3.9.1994 (Annexure-5 to the writ petition) whereby District Inspector of Schools cancelled the petitioner's appointment on class IV post in a recognised Government aided intermediate college called Public Intermediate College, Motiahan, District, Allahabad (called as the college) on the ground that there was no class IV post available and, secondly, one Shashi Kumar Gupta (respondent No. 6) who was given appointment earlier in another Institution (without class IV post being available) was being adjusted in the college.

(2.) There is no dispute that one Moti Lal working in the college as peon, retired and a substantive vacany on the said class IV post came into existence. On this contingency, a retired Daftari in the office of the District Inspector of Schools, Allahabad, submitted an application to the DIOS, Allahabad praying for one of his son to be appointed as his family was in financial hardship. The DIOS on the said application made an endorsement dated July 4, 1994 directing the Principal of the College to take action in accordance with the Rules (Annexure 9 to the writ petition).

(3.) It is also not disputed by any of the respondents that the Committee of Management issued an advertisement in daily news paper 'Dainik Jagaran' on 2.8.1994 (Annmexure -1 to the writ petition) and an interview was held on 18.8.1994. Petitioner was selected and an appointment letter was issued in his favour on the basis of which he joined the post of peon in the college on 27.8.1994 (Annexures 2 and 3 to the writ petition). The Principal of the college submitted papers to the concerned DIOS on 1.9.1994 (Annexure 4 to the writ petition). The District Inspector of Schools vide impugned order 3.9.1994 refused to accord sanction to the appointment of the petitioner on two grounds; (i) there was no class IV post available in the college on which petitioner could be apppointed and; (ii) no prior permission as contemplated under Regulation 101 of Chaper III of the Regulations framed under the U.P. Intermediate Education Act was taken from him. The District Inspector of Schools in the said impugned order dated 3.9.1994 also mentioned that one Shashi Kumar Gupta (respondent No. 6) who was appointed on compassionate ground under Dying in Harness Rules at Vidyawati Yadav Smarak Maharashi Inter College, Handia, Allahabad, was being adjusted in the college (Public Intermediate College, Motiahan, District Allahabad and in consequence whereof there remains no vacant post of class IV and hence the approval in favour of the petitioner could not be granted.