HEMANT KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners before this Court seeks a writ of mandamus directing the respondents to approve the appointment of the petitioners and to provide salary from the State Exchequer. Facts in short are as follows:

(2.) Two vacancies on Class IV post in Hindu Inter College, Koshikala, Mathura are said to be available. The vacancies were advertised with the permission of District Inspector of Schools. The petitioners applied in response to it. A Selection Committee was constituted and the petitioners were selected one of them is a general category candidate and other is of backward class category. Papers seeking approval qua the petitioners selection were transmitted to the District Inspector of Schools vide letter dated 12.2.2008. No orders have been passed by the authority hence this petition. Normally this Court would have required the District Inspector of Schools to pass orders on the papers received qua appointment on class IV posts in the recognized Intermediate College in view of the provisions of Chapter 3 of the Regulation framed under the Intermediate Education Act. However, such a course is not being adopted in the facts of this case for following reasons:

(3.) It is admitted on record that the Selection Committee which was constituted for the purpose of appointment on class IV post in the Institution did not include the nominee of the District Magistrate.