ARVIND KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners are three in number. They are aggrieved by a communication of the District Inspector of Schools, Azamgarh to the Director of Education (Secondary), U.P., Allahabad dated 20th May, 2014, whereby he has sent a recommendation in respect of appointment of the petitioners.

(2.) BRIEFLY stated the facts are that Intermediate College, Sarai Vrindawan, Azamgarh (for short, the "Institution") is a recognised Institution. It receives aid out of the State fund. The provisions of U.P. Intermediate Education Act, 1921 and Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of the Teachers and other Employees) Act, 1971 are applicable to the Institution. It is stated that there are seven sanctioned posts of Class -IV employees in the Institution. The Principal of the Institution has issued an advertisement dated 08th July, 2013 in two newspapers inviting applications for appointment on three vacant posts. In paragraph -5 of the writ petition the facts with regard to vacancies have been mentioned. In pursuance of the said advertisement, the petitioners made their applications and they have been found suitable for appointment on Class -IV posts. The Principal of the Institution has sent the papers to the District Inspector of Schools on 18th September, 2013 for approval to the appointment. The District Inspector of Schools vide order dated 22nd February, 2014 has accorded approval to the appointment of the petitioners. A copy of the approval order passed by the District Inspector of Schools dated 22nd February, 2014 is on the record as annexure -6 to the writ petition.

(3.) IT is stated that in pursuance of the said order, the petitioners have been appointed by the Principal on 24th February, 2014 and the petitioners have joined on their respective posts. It is further submitted that the Principal of the Institution sent the salary bill of the petitioners, however, it appears that the Manager of the Institution has made an objection to the Director of Education (Secondary), U.P., Allahabad, who has sought the comments from the District Inspector of Schools. The District Inspector of Schools vide his communication dated 20th May, 2014 to the Director of Education (Secondary) has found that the appointment of the petitioners are illegal broadly on three grounds, as under: