Court No. - 43
Case :- WRIT - A No. - 37023 of 2014 Petitioner :- Abdul Hassan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Singh,Santosh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to have been appointed on a class IV post in the institution concerned pursuant to an advertisement published in Dainik Jagaran on 20th October, 2000. According to petitioner a validly constituted selection committee has selected the petitioner. Petitioner has accordingly approached this Court by filing the present writ petition. Although petitioner was working, but his salary is not being paid. A counter affidavit has been filed on behalf of State stating that post was reserved for scheduled caste candidate, but this fact was not mentioned in the advertisement. It is also stated that the selection committee was not properly constituted.
Be that as it may, this Court finds that though petitioner has already raised a claim for the purpose of grant of approval to his appointment in accordance with law but no decision appears to have been taken upon it by the authority concerned so far. The legality of petitioner's appointment is yet to be examined by the competent authority.
In such view of the matter, this Court is not inclined to enter into the issues relating to legality of the appointment etc.
The writ petition is disposed of with the direction that the District Inspector of Schools, Ballia, shall examine petitioner's claim for grant of approval to petitioner's appointment, strictly in accordance with law, and an appropriate order would be passed within a period of three months from the date of presentation of a certified copy of this order.
It is, however, clarified that this Court has not adjudicated upon the merits of the claim of the petitioner and all issues are left to be considered, at the level of the competent authority, who is expected to pass a reasoned order in that regard.
Order Date :- 29.4.2019 Ranjeet Sahu