ASHOK KUMAR GUPTA LATE VINDHYACHAL PRASAD GUPTA Vs. DISTRICT INSPECTOR OF SCHOOLS THE COMMITTEE OF MANAGEMENT OF SATASI INTER

JUDGEMENT

(1.) The petitioner has challenged the order dated 19.11.1984 passed by the District Inspector of Schools, Deoria whereby a direction has been issued by the District Inspector of School, the Manager of the Institution that the post against which the petitioner has been appointed and approved, was to be filled up by promotion, in view of the directions of the Director of Education U.P. and the Deputy Director of Education, VIIth Region, Gorakhpur. The order also recites, that in case the proposal of promotion is not received within a week, the approval to the appointment of the petitioner shall stand annulled. It further states that it shall be open to the petitioner to request the Principal of the institution for his appointment as a class IV employee.

(2.) The order has been challenged on the ground that the impugned order was passed without giving any notice or opportunity to the petitioner, that the District Inspector of Schools had no authority to review the order and that the conclusion drawn by the respondents that the post ought to have been filled up by promotion, is founded on an erroneous assumption of law. Learned counsel for the petitioner Sri Neeraj Tripathi has relied upon the decision of this Court in the case of Kedar Nath Maurya v. DIGS and Ors. reported in 1995 AWC 744 to support the last submissions.

(3.) Sri R.C. Dwivedi, learned counsel for respondent No. 3 has resisted the petition by relying upon the decision of this Court reported in 2001 ALR 565- A.K. Tiwari v. State of U.P.