MOHD FAIZAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri J.J. Munir who appears for the petitioners in this writ petition and is for Respondent Nos. 5 and 6 in Writ Petition No. 60172 of 2012. The said writ petition has been filed by one Asha Rani Ahuja also challenging the very same order which is impugned herein. The petition had been entertained on 21.11.2012 and the learned Standing Counsel had been granted ample time to file a counter affidavit but no counter affidavit has been filed till date. The said writ petition was connected with Writ Petition No. 52299 of 2012 also filed by one of the aggrieved candidates who is similarly situate as the petition herein. There also a counter affidavit was called for vide order dated 8.10.2012 but till date no counter affidavit has been filed by the State.

(2.) Since the issue involved is? identical in all the three writ petitions relating to the same impugned order, therefore, all the three writ petitions are being disposed of finally at this stage itself. I am not inclined to grant any further time for filing counter affidavit as the question raised can be answered on the basis of the material on record.

(3.) The Institution, namely, Hafiz Siddiqui Islam Inter College is undisputedly a minority institution having protection of Article 30 of the Constitution of India. The dispute in this petition relates to the impugned order dated 6.8.2012 passed by the District Inspector of Schools refusing to grant approval to the appointment of the petitioners as Class IV employees and the petitioner of Writ Petition No. 52299 of 2012 on the ground that there was no prior permission from the District Inspector of Schools as per Regulation 101 of Chapter 3 of the U.P. Intermediate Education Act, 1921. The second ground taken is that the selected candidates, namely, the petitioners aforesaid are related to Member Trustees of the Institution.