PRINCIPAL ADARSHINTER COLLEGE Vs. STATE OF U P

JUDGEMENT

(1.) Principal, Adarsh Inter College, Umari, District Bijnor has filed this writ petition challenging the letter of the District Inspector of Schools dated 25.7.2009. Facts in short are as follows.

(2.) Adarsh Inter College is an aided and recognized Intermediate College. The provisions of the Intermediate Education Act and those of U.P. Act No. 24 of 1971 are applicable to the teachers and staff of the said institution. One Vinod Kumar who was working on Class IV post in the institution was granted promotion as Class III employee resulting in a vacancy on Class IV post in the institution. The vacancy was advertised in Hindi newspaper Dainik Jagran and Amar Ujala on 2.6.2009 and 3.6.2009 respectively by the Principal of the Institution who is the appointing authority. A Selection Committee was constituted and after selections one Km. Lakshmi Devi was empanelled at Serial No. 01 and one Bhupendra Kumar was empanelled at Serial No. 02. The selection proceedings under the letter of the Principal of the institution dated 20.6.2009 were forwarded to the District Inspector of Schools for grant of necessary approval to appointment as required under Regulation 101 of Chapter III of the regulations framed under the Intermediate Education Act. The District Inspector of Schools with reference to the Government Order dated 19.12.2000 transmitted the papers for approval to the Regional Level Committee.

(3.) The State Government however issued the Government Order's dated 20.10.2008 and 31.10.2008 providing for surplus staff being adjusted against subsequent vacancies before any fresh recruitment in aided institutions. The Regional Level Committee accordingly returned the papers qua the selections on the ground that they are not in conformity with the Government Orders issued. The District Inspector of Schools has accordingly informed the decision vide letter dated 25.7.2009. It is against this decision that the present writ petition has been filed.