RAMJI SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri J.J. Munir, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State respondent Nos. 1 to 5 and Shri Hemant Kumar appearing for respondent Nos. 6 and 7.

(2.) By means of present writ petition, the petitioner has prayed for direction in the nature of mandamus, declaring the provisions of impugned amended Regulation 101 of Chapter -III of U.P. Act No.2 of 1921 as ultra vires the provisions of Articles 14 and 30 (1) of Constitution of India. He has further prayed for direction to the respondent nos. 4 and 5 to pass orders for grant of financial approval to his appointment in Public Balika Inter College, Baramadpur, Mohammadabad Gohna, District Mau on the basis of selection papers submitted to respondent no.4 by respondent no.6.

(3.) Brief facts giving rise to the present writ petition are that 'Public Balika Inter College, Baramadpur, Mohammadabad Gohna, District Mau' (hereinafter referred to as institution) is a minority Intermediate Girls College. It is a recognized institution and receiving grant -in -aid from the State Government. The provisions of U.P. Intermediate Education Act, 1921 and U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers & other Employees) Act, 1971 are applicable to the institution. The salaries to the teachers and other employees are being paid from the State exchequer. The institution had issued an advertisement in daily newspaper 'Hindustan Times' (English) dated 29.5.2013 published from Lucknow, inviting applications for one post of Lecturer (Urdu) only for Female, 5 posts of Assistant Teacher L.T. Grade only for Female, one post of Teacher in BTC Pay Scale for attached Primary Section only for Female, and one post of Assistant Clerk. The petitioner possesses the requisite educational qualifications. He applied for appointment on the post of Assistant Clerk in the institution. The petitioner appeared before the Selection Committee and faced the interview on 20.6.2013 alongwith other candidates in which the petitioner was recommended for selection on the said post. Subsequently, the requisite papers were transmitted to the District Inspector of Schools, Mau on 28.6.2013 for granting financial approval but the District Inspector of Schools did not take any step in the matter. The Manager of Committee of Management of the institution sent reminders to the District Inspector of Schools on 31.7.2013, 7.8.2013, 20.8.2013 and 11.9.2013.