Court No. - 18 Case :- WRIT - A No. - 44050 of 2010 Petitioner :- Shiv Prakash Mishra And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- M. M. Sahai Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned
Standing Counsel for the State-respondents.
Petitioner claims to have been appointed as Class IV
employees in Adarsh Intermediate College, Maheshpur,
Azamgarh, which is a recognized and aided intermediate
college, in pursuance to the advertisement dated 23rd May,
2009. Papers in that regard have been transmitted by the
Principal of the institution to the District Inspector of Schools
on 24th June, 2009 for necessary approval. However, No
orders have been passed. Hence the present writ petition.
The Division Bench of this Court in the case of Jagdish
Singh etc. vs. State of U.P. & others, reported in 2006 (3)
ESC, 2055 (All.) (DB) has held that no appointment can be
made on Class IV posts, unless approval is granted after
selection and before appointment by the concerned authority
under Regulation 101 of Chapter III of the regulations
framed under the U.P. Intermediate Education Act, 1921.
Further in the case of case of Principal, Adarsh Inter
College, Umari Bijnor vs. State of U.P. & others, reported in
2010 (1) ADJ 403 , this Court has clarified the procedure to
be adopted in the matter of such appointment. The said
judgement in the case of Principal, Adarsh Intermediate
College (Supra) has since been affirmed by the Division
Bench of this Court vide judgement and order dated 3rd
December, 2009 passed in Special Appeal No. 1851 of 2009
(Principal, Adarsh Intermediate College, Umari vs. State of
U.P. & others).
In the aforesaid legal background, the District Inspector of
Schools may take appropriate decision on the papers
transmitted by the Principal of the institution on 24th June,
2009 qua appointment of the petitioners on Class IV posts in
view of law laid down by this Court referred to above. He
shall record specific findings as to whether the vacancy falls
within the reserved category or not and whether there was
any applicant, whose claim is to be considered under
Regulations 103 to 106 of Chapter III of the Regulations
framed under the U.P. Intermediate Education Act, 1921 for
compassionate appointment. He shall pass a reasoned
speaking order. The aforesaid exercise must be completed
within six week from the date a certified copy of this order is
filed before him.
With the aforesaid directions, the present writ petition is
disposed of.
(Arun Tandon, J.)
Order Date :- 29.7.2010
Sushil/-