Court No. - 28
Case :- WRIT - A No. - 30654 of 1999 Petitioner :- Abdul Haseeb Ansari Respondent :- Distt. Inspector Of Schools Mau & Others Counsel for Petitioner :- Ashok Khare,Bheem Singh Counsel for Respondent :- C.S.C.,Ghanshyam Maurya
Hon'ble Siddharth,J.
Petitioner claims appointment on the post of Assistant Teacher vide appointment letter dated 7.9.1998. His approval on the post was turned down by the DIOS, Mau despite the fact that the Institution where the petitioner was appointed namely, Muslim Inter College, Maunath Bhanjan, Mau, was a minority institution.
The argument of the learned counsel for the petitioner is that the approval of appointment in a minority institution cannot be rejected by the District Inspector of Schools and therefore, impugned order dated 26.5.1999, whereby his approval was refused, is illegal. Learned counsel for the petitioner has argued that the petitioner has joined another institution namely National College, Pili Kothi, Varanasi since 15.11.2007, which is also a minority institution and approval of his appointment has already been granted, therefore, only relief in this writ petition remains regarding benefit of working experience.
Under the facts and circumstances, this writ petition is disposed of directing District Inspector of Schools, Mau to examine the question whether the approval to the appointment of the petitioner in a minority institution could have been rejected by him. In case he finds that the petitioner's appointment is valid, he shall pass an order, which shall be relevant only for the purpose of working experience of the petitioner. The petitioner shall make a fresh representation along with the copy of the case laws in support of his contention before the D.I.O.S. concerned.
Order Date :- 30.3.2018 T. Sinha