DURGESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is seeking quashing of the order dated 15.10.2014 passed by respondent no. 3 i.e. District Inspector of Schools, Deoria refusing to grant financial approval to the appointment of the petitioner as Head Clerk. The grounds of rejection are that no prior approval has been taken and further there was a ban imposed by the State Government vide Government Orders issued for the purpose.

(2.) CHALLENGING the refusal to grant financial approval, submissions of learned counsel for the petitioner are two fold. First contention is that no prior approval is required for appointment on a class III post under Regulation 101 as has been held by this Court in Preet Kumar Srivastava Vs. State of U.P. and others, 2011 9 ADJ 591. The Regulation 101 has been interpreted by this Court and it was held that looking to the language of Regulation 101 which says that no appointment shall be made on a non -teaching post without there being approval of the District Inspector of Schools, the prior approval is required between selection and appointment of the incumbent against the vacant post. No prior approval is required before making selection for filling up the vacancy.

(3.) IN the case of Preet Kumar Srivastava , Regulation 101 as existed prior to the amendment made on 31.12.2009, was under consideration which reads as under: -