SHYAM JI TIWARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Sudeep Seth, Senior Advocate assisted by Sri Pradeep Tiwari the counsel for the petitioners and the learned Standing Counsel.

(2.) The present has been filed by the petitioners claiming the salary and also claimed deemed approval to their appointment by virtue of Regulation 17(g) of Chapter II of the U.P. Intermediate Education Act, 1921. The facts, in brief, are that the respondent no.5 runs a college in the name of Rahat Janta Inter College and enjoy the minority status. It is claimed that the institution run by the said committee has been granted recognition up to the Secondary Education. It is also claimed that the institution in question is under grant-in-aid list of the State Government. It is claimed that in the institution in question, the posts have been sanctioned which include the post of Principal, six post of lecturer, fifteen post of Assistant Teacher L.T. Grade, ten post of Assistant Teacher C.T. Grade, three clerks and twelve peons.

(3.) It is stated that certain posts fell vacant in the institution in question, the Committee of Management after determining the vacancies proposed to fill the same by means of direct recruitment and an advertisement was issued on 11/4/2017 through publication in the newspaper, all the details were specified and the interview was fixed on 5/5/2017. It is also on record that the committee of management inform the DIOS, the respondent no.4, and was invited to monitor the selection process to bring the transparency in the selection process. It is stated that the DIOS, despite the said request, did not participate in the selection process nor did he nominate any member to be a part of the selection process or to monitor the process of selection. However, on the said date fixed, selections were made by the Committee of Management and a proposal for appointment was forwarded by the Manager of the College vide letter dtd. 23/5/2017 seeking approval. It is stated that despite a comprehensive communication sent by the Committee of Management, no order was passed with regard to the grant of approval or its resolution as contemplated under Sec. 16FF(3) of the Act in question.