SUNIL KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been placed before this Bench under order of Hon'ble the Chief Justice dated 28.9.2010 for answering the reference on the following question:

(2.) The facts giving rise to the above reference in brief are that K.L. Jain Inter College Sashni Hathras is a recognised institution within the meaning of U.P. Intermediate Education Act, 1921 and is also receiving aid from the State of U.P. The institution has been recognised as a minority institution. For selection and appointment of teachers in the institution, provisions of U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder are applicable. The committee of management of the institution issued an advertisement on 26.11.2006 advertising various posts of teachers. The selection committee considered the candidature of the applicants and vide letter dated 11.5.2007 forwarded its recommendation for approval as required under Section 16-FF of the 1921 Act. The name of the petitioner was forwarded for approval on the post of Lecturer Physics. Although the approval to certain other teachers, who were recommended along with the petitioner, was granted but no approval was granted with regard to recommendation in favour of the petitioner.

(3.) The petitioner's case in the writ petition is that he personally met the Joint Director of Education, who informed the petitioner that since he is the son of the present working Principal namely Sri K.M. Sharma, therefore, no approval can be granted in favour of the petitioner. The petitioner's appointment having not been approved, he filed a writ petition praying for a writ of mandamus commanding the respondents to make payment of salary to the petitioner.