DEO DUTT SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has moved this writ petition under Article 226 of the Constitution being aggrieved by the order of the District Inspector of Schools, Muzaffarnagar dated 28.11.2008 and 29.1.2009 whereby his appointment as a Class IV employee in a reconsigned institution has been rejected.

(2.) Briefly stated the facts of the case are that Inter College Bhokarhedi, Muzaffarnagar is a recognized institution, wherein education is imparted upto the level of Intermediate. It receives aid out of State Fund. The provisions of the U.P. Intermediate Education Act, 1921, the Regulations framed thereunder, the Uttar Pradesh Secondary Education (Services Selection Board) Act, 1982 (U.P.Act No. 5 of 1982) , and the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act , 1971 are applicable to the institution.

(3.) It is stated that on 25.7.2008 one post of Class IV employee fell vacant as one of the regular employee of the institution was transferred in another institution. In paragraph 7 of the writ petition it has been stated that in the institution there is eight posts of Class IV employees and their name and categories, date of appointment has been given in tabular form. The Principal of the institution sought permission from the District Inspector of Schools to fill up the said vacant post by a general candidate. The District Inspector of Schools vide order dated 3rd September, 2008 granted permission. A copy of the permission has been brought on the record as Annexure-4 to the writ petition.