PADAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution is by Padam Singh, a Class IV employee of the recognized institution, is aggrieved by the order dated 26.11.2011 passed by the District Inspector of Schools1 whereby he has cancelled the selection of the petitioner.

(2.) A brief reference of the factual aspect would suffice. Vikram Sewa Sadan Inter College, Pesawa, District Aligarh12 is a recognized Intermediate College. It receives aid out of the State fund. The institution is governed by the provisions of the U.P. Intermediate Education Act, 19213 and U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 19714. and The institution is managed by the Committee of Management. It is stated that there are 11 sanctioned posts of class IV employees. Two posts fell vacant due to the retirement etc. The Principal of the college, who is appointing authority, made an application to the District Inspector of Schools for his permission to fill up the aforesaid two posts. The District Inspector of Schools vide orders dated 14.8.2007 and 24.8.2007 accorded permission to the Principal to fill the posts by an OBC candidate and a scheduled case category candidate as per roaster.

(3.) THE Principal of the institution issued advertisement on 28.8.2007 and 30.8.2008 in two newspapers 'Amarj Ujala' and 'Aaj' wherein 16.9.2007 was the date fixed for the interview. It is stated that the Principal has made request to various authorities to send their observers in the Selection Committee in accordance with law and on 16.9.2007 the petitioner appeared before the Selection Committee and he was found suitable. The petitioner belongs to scheduled caste category. On 18.9.2007 the petitioner was issued appointment letter. It is averred in the writ petition that the respondent no.4 made an oral complaint to the District Inspector of Schools regarding the said selection and the District Inspector of Schools vide order dated 19.9.2007 directed the Principal of the institution to re -advertise the post and make a fresh selection.