SATYA NARAIN YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Notice on behalf of opposite parties No. 1 to 4 has been accepted by learned Chief Standing Counsel. In view of the order, proposed in this writ petition, the issuances of notices to opposite parties No. 5 and 6 is dispensed with.

(2.) By means of present writ petition, the petitioner has prayed for a writ in the nature of certiorari for quashing of the Government Order dated 6.1.2011 (Annexure 1) as well as the impugned order dated 30.11.2011, passed by opposite party No. 3, as contained in Annexure 2 to the writ petition whereby selection of the petitioner on class IV post has been disapproved. Petitioner has also prayed for a writ in the nature of mandamus commanding the opposite parties to make payment of salary to the petitioner of the post of Class IV regularly.

(3.) Submission of learned counsel for petitioner is that Madan Mohan Malviya Post Graduate College, Kalakankar, district Pratapgarh (hereinafter referred to as 'Institution') is affiliated with Dr. Ram Manohar Lohiya Avadh University, Faizabad (hereinafter referred to as University") and the provisions of U.P. State Universities Act, statutes of the University and U.P. state Universities (Affiliated and Associated Colleges Non-teaching Staff Qualifications and Service Conditions) First Statutes, 1977 are applicable on the institution. The appointments of class III and TV posts in the colleges affiliated with the University are made as per the provisions contained in First Statutes, 1977. As per para 3 of the First Statutes, 1977, the Appointing Authority of class IV posts is the Principal of the institution. Para 4 (4) of the Statutes further provides that appointment of employees shall be subject to the approval of the Director of Education (Higher Education), or an officer authorised by him in this behalf. It further provides that if the approving authority does not within two months from receiving the proposal for approval intimate its disapproval to the Appointing Authority, the Approving Authority shall be deemed to have approved the appointment.