ARUN KUMAR Vs. DISTRICT INSPECTOR OF SCHOOL

JUDGEMENT

(1.) By this writ petition the petitioner is seeking quashing of the? G.O. dated 9.2.2007 filed as Annexure-3 to the writ petition and the order dated 21.2.2007 by which the approval of the appointment of the petitioner as class IV against the general category vacancy in the Dayanand Intermediate College, Said Nagli, Jyotiba Phule Nagar, has not been granted.

(2.) The facts of the case, in brief, are that there is an intermediate educational institution known as Dayanand Intermediate College, Said Nagli, Jyotiba Phule Nagar (hereinafter referred to as the Institution). The institution was governed by the provisions of the U.P. Intermediate Education Act, 1921 as well as the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of the Teachers and Other Employees ) Act, 1971. According to the petitioner, a post of Daftari fell vacant on 15.1.2007 on account of promotion of Sri Subhash Chandra Verma on the post of clerk. Against the said vacancy one Sri Dev, peon of the institution was promoted as Daftari on 16.1.2007, which was approved by the District Inspector of Schools, Jyotiba Phule Nagar vide order dated 14.2.2007. The existing vacancy in class IV on account of promotion of Sri Dev was intimated by the Principal of the Dayanand Intermediate College to the District Inspector of Schools and permission was sought to fill up the said post. The District Inspector of Schools, however, relying upon G.O. dated 9.2.2007 filed as Annexure-3 to the writ petition declined to grant approval and on 21.2.2007 a notice was issued to the Principal, Dayanand Intermediate College, Said Nagli, Jyotiba Phule Nagar, respondent no.4 to show cause as to why the post in general category of class-IV was advertised in contravention of G.O. dated 9.2.2007. For reference it may be mentioned the vacancy of class-IV was advertised in two newspapers on 20.2.2007 namely 'Amar Ujala' and 'Yug Bandhu' and applications were invited from eligible candidates upto 28.2.2007. A Selection Committee was also constituted on 5.3.2007 and the petitioner was found to be the most suitable candidate for appointment and the Selection Committee thereupon recommended the name of the petitioner for appointment on the class-IV post in the institution. Letter of appointment was also issued to him on 6.3.2007. The petitioner joined the class IV post on 9.3.2007 and he is stated to be working since then.

(3.) I have heard Sri Indra Raj Singh, learned counsel for the petitioner and the learned standing counsel appearing for the respondent nos.1 and 2. On behalf of respondent nos.3 and 4 counter affidavit has been filed by Sri Alok Dwivedi, whose name has also been shown. List has been revised. None appears for respondent nos.3 and 4.