MRITUNJAY PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner has preferred this writ petition under Article 226 of the Constitution for issuance of a writ of certiorari to quash the order dated 15th February, 2016 passed by District Basic Education Officer i.e. the third respondent whereby he has rejected the approval of the petitioner for the payment of his salary to a class-III post.

(2.) The essential facts of the case are; Adarsh Intermediate College, Rajgarh, Pratapgarh (for short, the "Institution") is a recognized Intermediate college. It was a Junior High School. Later, it was upgraded to intermediate level on 05.02.2013. But, it receives grant-in-aid out of the State funds only up to Junior High School. It is governed under the provisions of the U.P. Intermediate Education Act, 1921 and the U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978.

(3.) It is stated that a vacancy occurred in the post of clerk in the Institution due to retirement of one Vijay Pratap Mishra on 31.01.2011. The State Government had put a ban on the recruitment of non-teaching staff. In May, 2015 the ban was lifted. The Committee of Management sent a communication to the third respondent seeking his permission for appointment to said vacancy. Pursuant thereto the permission was granted by the third respondent on 07.07.2015. Consequent upon, the Committee of Management of the Institution issued an advertisement under the intimation to the third respondent, in two newspapers, namely, Hindustan and Amar Ujala. It appears that the third respondent nominated an official (Block Education Officer) as an observer in the selection committee.