Court No. - 8
Case :- WRIT - A No. - 1163 of 2018
Petitioner :- Ankit Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
1. Heard counsel for the petitioners and learned Standing Counsel.
2. The petitioners were candidates for appointment to Class-IV post in Public Inter College Jaitra, Dhampur, District-Bijnor. It has been contended in the writ petition that they were selected in accordance with the procedure prescribed in U.P. Intermediate Education Act, 1921 (hereinafter referred to as, 'Act, 1921') and the regulations made therein and the appointment was sent for approval to the District Inspector of Schools i.e. respondent No. 2 (hereinafter referred to as, 'D.I.O.S.'). However respondent No. 2 vide his order dated 10.10.2017 and relying on Government Order dated 4.9.2013 refused to grant approval to the appointment of the petitioner. The validity of the aforesaid Government Order dated 4.9.2013 is sub- judice in Writ - A No. 62544 of 2013 and operation of the aforesaid Government Order dated 4.9.2013 has been stayed by this Court. Similar question was in issue before this Court in Writ - A No. 61323 of 2015 and this Court vide its order dated 6.11.2015 quashed the order of concerned D.I.O.S. and remanded back the matter to the concerned D.I.O.S. to consider the claim of the petitioner therein ignoring the Government Order dated 4.9.2013. In view of the aforesaid facts, there is no need to call for a counter affidavit from respondent Nos. 1 to 3. The order dated 10.10.17 is hereby quashed and the matter is remanded back to the D.I.O.S. to consider the claim of the petitioners a fresh ignoring the Government Order dated 4.9.2013. However, in case the D.I.O.S. accords approval to the appointment of the petitioners, he will ensure that in the appointment letter of the petitioners it would be recorded that their appointments shall abide by the result of Writ Petition No. 62544 of 2013 (Committee of Management, Lala Babu Baizal Memorial Inter College Vs. Special Secretary, Government of Uttar Pradesh), which is pending before this Court and wherein the Government order dated 04th September, 2013 has been stayed.
3. The writ petition is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 28.2.2018/Anurag/-