KARUNESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri K. Ajit learned counsel for petitioners, Sri Raj Kumar Jain, learned counsel for respondent No. 7, and Sri Yogesh Kumar appears for respondent No. 8. Learned Standing Counsel appears for respondents 1 to 6.

(2.) By Writ Petition No. 42639 of 2002, the petitioner Sri Karunesh Kumar Singh has prayed for a writ of mandamus directing the District Inspector of Schools, Mainpuri not to accord approval to the appointment of the proposed selected candidates on the post of Lecturer in Physics in pursuance of advertisement dated 14.8.2001. In Writ Petition No. 19920 of 2003 Sri Gaurav Kumar Singh Rathor, the candidate selected by selection committee has challenged the order dated 28.3.2003 passed by the District Inspector of Schools, Mainpuri, for giving financial approval for his appointment and a direction to pay him salary with effect from 22.11.2001 with arrears in accordance with law. In Writ Petition No. 35525 of 2004, the petitioner Karunesh Kumar Singh has prayed for quashing the orders of the Joint Director dated 24.2.2004 by which he has communicated the resolution of the Regional Committee dated 23.4.2004 to grant financial approval to the appointment of Sri Gaurav Kumar Singh Rathor as Lecturer in Physics on the vacancy caused on the death of Sri Deputy Lal, Lecturer, Physics.

(3.) Brief facts giving rise to these three connected writ petitions are that the Christian Inter College, Mainpuri is a recognized and aided minority institution. Sri Deputy Lal Lecturer Physics in the institution died on 10.7.2000, causing substantive vacancy on the post. The vacancy in a minority institution which is exempted under Section 30 of the U.P. Secondary Education Services Selection Board Act, 1982 is required to be filled up in accordance with Section 16FF of the U.P. Intermediate Education Act, 1921, and the Regulation in Chapter II of the Regulations made under the Act.