Court No. - 33
Case :- WRIT - A No. - 11078 of 2021 Petitioner :- Ainul Hasan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners' claim for grant of financial approval has been rejected only on the ground that prior permission has not been obtained before making the appointment.
Learned counsel for the petitioner places reliance upon a judgment of this Court in Abhishek Tripathi Vs. State of U.P. and others 2015 (4) ADJ 270 to submit that claim of petitioners on merit was required to be considered notwithstanding non availability of prior approval. While entertaining the writ petition following orders were passed in the matter on 16.09.2021:-
"It is contended by the learned counsel for the petitioners that District Inspector of Schools, Jaunpur has illegally refused to accord approval to the appointment of petitioners as Clerk on the ground that prior permission from the Director of Education has not been obtained by the committee of management before proceeding with the recruitment. He submits that once there is no dispute with regard to sanction strength of post of Clerk, no prior permission from the Director of Education is necessary. He submits that controversy in hand is squarely covered by the judgement of this Court in the case of Abhishek Tripathi Vs. State of U.P. and Others 2015 (4) ADJ 270.
Sri R.S. Umrao, learned Standing Counsel prays for and is granted two weeks time to seek instructions in the matte and apprise the Court as to whether the dispute involved in the present writ petition is squarely covered by the judgement of this Court in the case of Abhishek Tripathi (supra) or not.
Put up as fresh on 29.10.2021."
Despite expiry of a month's time learned Standing Counsel has not been able to obtain instruction.
Considering the nature of order proposed to be passed it is not necessary to keep the matter pending or grant further time to the respondents to obtain instruction.
From the materials placed on record it is apparent that petitioners claim has not been examined on merits keeping in view the observation made by this Court in the case of Abhishek Tripathi (Supra). This petition, therefore, is disposed of with the direction upon the concerned Inspector to revisit the matter in light of the observation contained in the case of Abhishek Tripathi (Supra) by passing a fresh order after affording an opportunity of hearing to the Institution concerned. Such decision shall be taken within a period of three months. Order impugned in the writ petition shall remain subject to the fresh order passed.
Order Date :- 29.10.2021 Abhishek Singh