REGIONAL DEPUTY DIRECTOR OF EDUCATION AND OTHERS Vs. MANAGING COMMITTEE OF SHANKAR ANGLO VEDIC INTERMEDIATE COLLEGE, BHARTHANA AND ANOTHER

JUDGEMENT

(1.) Respondent no. 2 was selected by the selection committee of the Shanker Anglo Vedic Intermediate College Bharthana, for the post of Principal of the College. Under sub-section (2) of Sec. 16-F of the Intermediate Education Act, the selection committee sent the papers to the Regional Deputy Director of Education, IV Region, Allahabad, for his approval of appointment. These papers were sent on March 3, 1967. On March 4, 1967, the Regional Deputy Director asked for some more papers. These papers were sent and all relevant papers were received by him on March 23, 1967. The Deputy Director by his order dated May 29, 1967 disapproved the selection of respondent no. 2. Against this order of disapproval, the managing committee of the college made a representation but the same was rejected. Thereupon they filed a writ petition in this Court. The Writ Petition has been allowed by ]the learned single Judge on the ground that since the decision had not been given by the Deputy Director within two weeks it must be deemed that approval had been accorded and the disapproval given after the expiry of two weeks was, therefore, of no consequence. The learned single Judge quashed the order of the Regional Deputy Director of Education as well as the order on the petitioner's representation. Against the judgment of the learned single Judge this appeal has been filed.

(2.) The last sentence of sub-section (2) of Sec. 16-F reads thus:

(3.) In our opinion the learned single Judge was right in allowing the writ petition. There are no merits in the appeal. It is accordingly dismissed with costs. Appeal dismissed.