PAWAN KUMAR MISHRA Vs. JOINT DIRECTOR OF EDUCATION

JUDGEMENT

(1.) We have heard Sri Shashi Nandan, the learned senior Advocate along with Sri A.K.Singh, the learned counsel for the appellant and Sri S.B. Singh, the learned counsel for the Committee of Management and the learned standing counsel for the State.

(2.) The facts as has been culled out from the pleadings is, that one post of Senior Clerk and one post of Junior Clerk became vacant in Sri Ganga Prasad Inter College, Jagdishpur, Azamgarh. The Committee of Management resolved to fill up the vacancies. The vacancies were advertised and applications were invited. The appellant along with respondent no.5 and others applied and the Selection Committee recommended a list in which respondent No.5 was placed at Sl.No.1 and the appellant was placed at Sl.No.2. An appointment order was issued in favour of respondent No.5. It was alleged that respondent No.5 expressed his inability to join, on the basis of which the Committee of Management issued another letter of appointment dated 8.2.2007 in favour of the petitioner who accepted the appointment letter and joined on 12.2.2007. After the issuance of the appointment letter the institution forwarded the papers to the District Inspector of Schools for grant of approval. Since no approval was granted the appellant filed Writ Petition No.23922 of 2007, which was disposed of directing the District Inspector of Schools to pass an appropriate order. The District Inspector of Schools thereafter passed an order on 23.9.2008 granting approval to the appointment of the petitioner.

(3.) The approval so granted to the petitioner was questioned by Sri Arun Kumar Singh, who was placed at Sl. No.1 of the merit list contending that he had never waived his right to be appointed nor declined the appointment and contended that the appellant had obtained the appointment by misrepresentation.