JUDGMENT
D.P. Singh, J.
1. Heard counsel for the petitioner and the learned Standing Counsel.
2. R.P. Inter College is a recognized institution where 15 posts of class IV employees are duly sanctioned. Four incumbents therein, namely Babu Ram, Ram Autar, Jamuna Prasad and Hori Lal retired on 31.3.1999, 31.1.2001, 31.1.2003 and 30.9.2003 respectively. Even after due information and various representations seeking permission for making appointments on the aforesaid posts, no action was taken. However, vide order dated 2.11.2004 permission for making only one appointment of reserved category was granted but with respect to the remaining three posts the permission was refused.
3. This was subjected to challenge in writ petition no. 6790 of 2005 when a learned Single Judge after finding that no worthwhile reason for refusing permission for filling up the remaining three vacancies was reflected in the order, disposed off the petition vide its order dated 15.2.2005 directing the District Inspector of Schools to pass a reasoned and speaking order and communicate the same to the petitioner. In pursuance thereof, the present impugned order has been passed reiterating the order dated 2.11.2004 and refusing permission for filling up the remaining three vacancies on the strength of D.O. dated 13.9.2004 issued by the State Government.
4. When this petition was filed, a detailed order was passed on 3.1.2006 to the following effect:
The Principal of an Intermediate College has filed this writ petition questioning the validity of the order dated 23.7.2005 whereby permission has been refused by the District Inspector of Schools for filling up the sanctioned and available posts of class IV employees in the Institution. The principal of the Institution is appointing authority under Regulation 10 of Chapter I of the Regulations framed under the U.P. Intermediate Education Act, 1921 and as such he prays for quashing of the impugned order with a further direction to the respondents to permit the petitioner to proceed to make appointments.
A perusal of the impugned order indicates that the District Inspector of Schools has relied on the Government Orders dated 3.11.1997, 9.7.1998, 16.7.2002 and the D.O. letter dated 13.9.2004 to decline the request made by the Principal.
On the other hand, learned Counsel for the petitioner has invited the attention of the court to the Government Order dated 29.8.2003 whereby there was a complete ban imposed by the State Government in respect of all appointments through out the State and the said ban was lifted by the State Government by the order dated 15.1.2004, a copy whereof is annexed VII to the writ petition. Learned Counsel for the petitioner contends that in these circumstances, there appears to be no Justification for the District Inspector of Schools to with hold the petitioner for making appointment in class IV employees in the Institution.
Learned Standing Counsel states that from the perusal of the D.O. letter dated 13.9.2004, it appears that some other decision has been taken by the State Government after 15.1.2004 and as such he may be granted time to verify the same.
Let the matter be listed on 1.2.2006 by which time learned Standing Counsel shall receive instructions in this regard.
5. In pursuance thereof, a counter affidavit on behalf of the respondent Nos. 1 to 4 has been filed but no Government Order or decision of the Government taken after the Government Order dated 15.1.2004 was either disclosed or filed.
6. From the record it is apparent that by Government Order dated 15.1.2004 the ban against making class IV appointments had been lifted. However, the learned Standing Counsel contends that without the permission of the Chief Minister, as mentioned in the D.O. letter dated 13.9.2004, no appointments can be made. A copy of the D.O. letter dated 13.9.2004 is on record which shows that it relates to appointment to Government service. Further, it is also apparent from a perusal of the Government Order dated 15.1.2004 which is also annexed with the petition, that the ban imposed on appointment of class IV posts has been lifted. It is evident that the Appointing Authority of class IV employees of a recognized Intermediate college is the Principal under Regulation 10 of Chapter I of the Regulations framed under U. P. Intermediate Education Act. It is also evident that the employees of the institution are not Government employees though salary is paid under the Payments of Salary Act, 1971. A specific averment has been made in paragraph No. 6 of the writ petition that the ban imposed for appointment vide Government Order dated 29.8.2003 had been lifted by Government Order dated 15.1.2004 but there is no specific denial in the counter affidavit. No reason has been given in the counter affidavit why the petitioner is not entitled for making appointment to the vacant posts because vacant post would tell upon the working of the institution and it would be in the interest of the students and the institution to function with full force.
7. For the reasons given above, this petition succeeds and is allowed and the impugned order dated 23.7.2005 passed by the District Inspector of Schools is hereby quashed and he is directed to forthwith grant permission to the petitioner institution to make all the four appointments of class IV posts which are lying vacant in the institution. No order as to cost.