GAUTAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.C. Dwivedi, advocate on behalf of the petitioners, Sri P.N. Saxena, senior advocate, assisted by Sri A.K. Malviya, advocate, on behalf of respondent Nos. 6 and 7, Sri U.N. Sharma, senior advocate assisted by Sri A.K. Malviya, advocate for respondent Nos. 8 to 12 and standing counsel for respondent Nos. 1 to 5. Nehru Vidyapeeth Inter College, Revatipur District-Ghazipur (hereinafter referred to as 'institution') is an institution aided and recognized under the provisions of the Intermediate Education Act. Three Class-III posts were advertised by the regular Principal of the institution for direct recruitment in the year 2006, namely Maya Shankar Pandey with the prior permission of the District Inspector of Schools. Petitioners before this Court were one of the applicants in response to the said advertisement. They were selected and are also stated to have been appointed. Papers pertaining to the appointment were transmitted to the District Inspector of Schools for his approval as required under Regulation 101 of Chapter-III of the Regulations framed under the Intermediate Education Act. The District Inspector of Schools by means of the order dated 4.8.2008 refused to accord financial approval to the appointment so made. This resulted in Writ Petition No. 49966 of 2008 being filed before this Court.

(2.) It may be recorded that the writ petition has been finally dismissed on 11.11.2009, as a result whereof the legality of the selections of the year 2006 does not survive any further for consideration before this Court and the chapter in that regard stands closed.

(3.) Sri Maya Shankar Pandey, the Principal of the institution was placed under suspension under an order dated 6th November, 2008 and one G.K. Rai was appointed as officiating Principal, to be precise on 22.12.2008. The suspension of Maya Shankar Pandey was not approved by the District Inspector of Schools within 60 days of its communication and. therefore, in view of Section 16G(7) of the Intermediate Education Act, the suspension of Maya Shankar Pandey became inoperative in the eyes of law. In view of the Full Bench judgment of this Court in the case of Chandra Bhushan Misra v. District Inspector of Schools, Deoria and others.,1995 26 ACJ 224, Maya Shankar Pandey stood restored as Principal of the institution by operation of law and the suspension was rendered inoperative automatically.