LAWS(ALL)-2008-7-90

VINOD KUMAR SINGH Vs. STATE OF U P

Decided On July 08, 2008
VINOD KUMAR SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -HEARD Sri V. K. Singh, the learned Counsel for the petitioner and the learned Standing Counsel for the respondents.

(2.) A Class-IV post became vacant in the institution upon the retirement of Sri jawahar on 31. 3. 2006. The Principal, being the competent authority, issued an advertisement in a daily newspaper on 17. 6. 2006 inviting applications for filling up the said post. The Principal also wrote a letter to the District Inspector of Schools seeking permission to fill up the said post. The District Inspector of Schools, by an order dated 19. 6. 2006, granted permission to the institution to fill up the vacancy. Based on the aforesaid advertisement, the petitioner also applied and was selected by the competent authority and, an appointment letter dated 28. 6. 2006 was issued. The necessary papers were forwarded by the Principal to the District Inspector of Schools for financial approval. The District Inspector of Schools, by an order dated 19. 9. 2006, refused to accord financial sanction to the appointment of the petitioner on the ground that previous permission had not been obtained by the institution before advertising the post and that only 11 days' time was given to the applicant to apply for the said post instead of 15 days. The petitioner, being aggrieved by the said order, has filed the present writ petition.

(3.) REGULATION 101 of Chapter III of the Regulations framed under the Intermediate Education Act provides as under: