JAKIR HUSSAIN Vs. D I O S BASTI

JUDGEMENT

(1.) PLEADINGS are complete and the counsel for the parties agree that the petition may be finally disposed of under the Rules of the Court.

(2.) HEARD counsel for the parties.

(3.) KHAIR Inter College is a duly recognised and aided college and which is a declared minority Institution under Article 30(1) of the Constitution of India. It is alleged that an assistant clerk retired on 30.6.1993. The Head Clerk also retired on 31.7.1995 and Shri Vakil Ahmad Siddiqui, who was working as Assistant Clerk, was promoted to the post of Head Clerk, resulting in two substantive vacancies of Assistant clerk. It is alleged that the Committee of Management vide its resolution dated 29.6.1995 sought to fill up the vacancies and for which a communication dated 24.7.1995 was sent to the District Inspector of Schools and the District Inspector of Schools granted approval for appointment in February, 1995. It is further alleged in the petition that the vacancy was advertised in two daily newspapers on 16.2.1996 and 28.2.1996 in pursuance of which the petitioner and others applied and were called for Interview on 25.6.1997. The petitioner claims to be selected by the Selection Committee and his name forwarded to the District Inspector of Schools vide letter dated 7.1.1998 but no orders were passed by the District Inspector of Schools forcing the petitioner to file a writ petition which was disposed of vide order dated 28.7.1999 with a direction to the District Inspector of Schools to decide the claim of the petitioner. In pursuance thereof the impugned order has been passed, which is under challenge.