ABHISHEK TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and the learned Standing Counsel for respondent nos. 1 to 4.

(2.) The petitioner is seeking quashing of the order dated 13.11.2014 passed by respondent no. 4 i.e. District Inspector of Schools, Jaunpur refusing to grant financial approval to the appointment of the petitioner on the post of Assistant Clerk in the institution in question. The grounds of rejection are that no prior approval has been taken as per the provisions of Regulation 101 Chapter III which provides for determination of sanctioned post prior to the initiation of the selection process.

(3.) Challenging the refusal to grant financial approval, learned counsel for the petitioner relied upon the judgment of 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.