Court No. - 18 Case :- WRIT - A No. - 17851 of 2010 Petitioner :- Shailendra Kumar Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- K.K. Roy,N.K. Singh Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Heard learned counsel for the parties.
Petitioner claims appointment on Class-IV post in Sri Parashar Muni
Uchchtar Madhyamik Vidyalaya, Parasia, Bisauli, District Ballia. Papers
transmitted qua the appointment of the petitioner have not been acted upon by
the District Inspector of Schools for the purpose of grant of approval under
Regulation 101 of Chapter-III of the Regulations framed under the
Intermediate Education Act. Consequently, payment of salary has not been
made. Petitioner has, therefore, approached this Court.
I have heard learned counsel for the parties and have gone through the records
of the writ petition.
Appointment on Class-IV posts in a recognized and aided Inter College can
only be made in accordance with the Government Order dated 11.05.2001, as
has been held in the case of Principal, Adarsh Inter College, Umari, Bijnor
vs. State of U.P. and others; 2010 (1) ADJ 403. The District Inspector of
Schools is also under legal obligation to keep in mind Regulation 106 of
Chapter-III of the Regulations framed under the Intermediate Education Act
before granting any approval to an appointment by direct recruitment on
Class-III/Class-IV post in an Intermediate College.
In view of the aforesaid, writ petition is disposed of by requiring the District
Inspector of Schools to examine the legality of the appointment of the
petitioner, by means of a reasoned speaking order in light of the judgment of
this Court referred to above read with Regulation 106 Chapter-III of the
Regulations framed under the Intermediate Education Act at the earliest, in
any case within eight weeks from the date a certified copy of this order is filed
before him.
Order Date :- 2.4.2010
Pkb/