BAL KISHAN Vs. ZILA BASIC SHIKSHA ADHIKARI FIROZABAD

JUDGEMENT

(1.) ON the retirement of the then Head Master, a vacancy occurred on 30.6.2000 on the post of Head Master of the respondent-institution. The Committee of Management sought approval from the Basic Shiksha Adhikari on 18.8.2000 and thereafter advertised the vacancy in the local newspaper on 5.9.2000. ON 11.9.2000, the Basic Shiksha Adhikari appointed the District Inspector of Schools as his nominee in the selection committee. Pursuant to the advertisement, ten applications were received and the selection committee, consisting of the Manager of the institution, nominee of the Basic Shiksha Adhikari as well as the nominee of the Manager, i.e., Treasurer participated in the selection process held on 17.9.2000, in which the petitioner was found most suitable. ON 18.9.2000, the Manager submitted the papers relating to the selection proceedings before the Basic Shiksha Adhikari recommending for appointment of petitioner as Head Master, which was received in the office of the Basic Shiksha Adhikari on 18.9.2000 itself. The matter remained pending before the Basic Shiksha Adhikari. ON expiry of one month's period, which was on 18.10.2000, in terms of Rule 10 (5) (iii) of the U. P. Recognized Basic Schools Rules, 1978, since the approval was deemed to have been granted by the Basic Shiksha Adhikari, the petitioner was issued an appointment letter by Manager of the Committee of Management on 1.1.2001. In pursuance thereof the petitioner joined as Head Master of the institution on 5.1.2001. Thereafter by the impugned order dated 8.1.2001 passed by the Basic Shiksha Adhikari, respondent No. 1, the approval to the appointment of the petitioner has been denied and it has been directed that fresh selection be held for appointing the Head Master of the institution.

(2.) I have heard Ms. Rashmi Tripati, learned counsel holding brief of Sri Anil Bhushan, learned counsel for the petitioner as well as Sri P. R. Maurya, learned counsel appearing for respondent No. 1, Sri Deepak Verma for respondent No. 2 and the learned standing counsel for the State of U. P. and have perused the record.

(3.) ACCORDINGLY, for the foregoing reasons, the impugned order dated 8.1.2001 passed by the respondent No. 1 is quashed. The Basic Shiksha Adhikari is directed to pass fresh order, in accordance with law, after taking into consideration the observations made hereinabove, as well as the provisions of Rule 10 (5) (iii) of the 1978 Rules. Such order may be passed within six weeks from the date of filing of a certified copy of this order before him.