ANIL KUMAR AGARWAL Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri U.N. Sharma, learned counsel for the petitioner, and the learned standing counsel.

(2.) The petitioner has filed this writ petition against the order dated 3rd March, 1984 (Annexure-3 to the writ petition) whereby the District Inspector of Schools, Saharanpur, has stated in the order that on a representation made by Sri Dhoom Singh which purports to consider the approval granted to the petitioner's appointment as clerk as a direct recruit deserves to be recalled as the said vacancy has to be filled in by promotion. The District Inspector of Schools, Saharanpur, by his earlier order dated 20th February, 1984 (Annexure-2 to the writ petition) has granted approval wherein he has stated that from the averments made in the representation of Sri Dhoom Singh, it is clear that fifty percent vacancy in the category of clear vacancy has to be filled in by promotion and fifty percent by direct recruitment and since the post of Head Clerk has already been filled in by promotion, the post of clerk cannot be filled in by promotion. He, therefore, rejected the representation of Sri Dhoom Singh.

(3.) Learned counsel for the petitioner has submitted that the impugned order by which the approval granted to the petitioner's appointment has been reviewed, firstly, suffers from violation of principles of natural justice in as much as no opportunity, whatsoever, has been given to the petitioner before passing of the impugned order dated 3rd March, 1984. Secondly, the District Inspector of Schools. Saharanpur, having approved the appointment on the representation filed by Sri Dhoom Singh by his earlier order dated 20th February, 1984, has no right or jurisdiction to review its earlier order by which the petitioner's appointment has been approved.