PRINCIPAL INTERMEDIATE COLLEGE Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.C. Dwivedi, learned counsel for petitioner and learned Standing Counsel for respondents.

(2.) It is simple matter but, as usual, the respondents, who are the authorities of State Government, due to their inaction and apathy to the Court cases, which has been noticed and commented upon time and again by the Courts in a large number of matters, has made complicated resulting in exchange of various affidavits etc. on peripheral issues.

(3.) Petitioner no. 1 is Principal of Intermediate College, Jaura Bazar, District Kushinagar (hereinafter referred to as "College"). It is an Intermediate College recognized by Board of High Schools and Intermediate (hereinafter referred to as the "U.P. Board") under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "Act, 9121") and being in grant-in-aid, responsibility of payment of salary to its staff is governed by the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as "Act, 1971"). There are eleven sanctioned posts of Class IV employees out of which two were lying vacant due to retirement of two Class IV employees. Petitioner no. 1 being Principal of the College is the appointing authority of Class IV employees under the Regulations framed under Act, 1921. Though for the purpose of making selection/recruitment of Class IV employees, no prior permission by District Inspector of Schools (hereinafter referred to as "DIOS) is required and such requirement is only before making appointment, as held by Division Bench of this Court in Jagdish Singh v. State of U.P. and others, 2006 3 ESC 2055while interpreting Regulation 101 Chapter-III of the Regulations framed under Act, 1921 but the Principal of the College, in his own wisdom, may be on account of lack of knowledge of difference in the two stages, made a request by letter dated 28.8.2010 to DIOS to grant prior permission for proceeding to make appointment on Class IV post. It is said that papers were forwarded by DIOS to the Director of Education (Secondary), U.P., Lucknow (hereinafter referred to as "DE(S)") for prior permission referring to some general circular of DE(S) No. lkekU; 1 f'kfoj@ 14304&404@ 2009& 10 dated 16.2.2010. It is said that since thereafter the DE(S) did not take any further action, though petitioner made representations dated 3.1.2011 and 7.9.2011 which also remained un-replied. Petitioner thereafter met DE(S) himself in the first week of December' 2011 and requested to grant permission. He was told by DE(S) that in view of Government Order dated 6.1.2011, no permission for making appointment by direct recruitment on a Class IV post can be granted since it has been banned. Now the Class IV employees have to be arranged by outsourcing. Contending that the Government Order being subsequent having been issued on 6.1.2011 would have no application to the vacancies which were already existing and process of selection had already started, the present writ petition has been filed seeking following reliefs: