Court No. - 58
Case :- WRIT - A No. - 25307 of 2018 Petitioner :- Ashish Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Nath Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for a direction upon the District Inspector of Schools, Jaunpur to grant financial approval to the selection and appointment of petitioner as Assistant Clerk in the institution 'Saltanat Bahadur Inter College, Badlapur, District Jaunpur'. It is alleged that the vacancy has been advertised in two daily newspapers and the appointment is within the sanctioned strength. According to the petitioner, he fulfils the requisite qualification also.
Learned Standing Counsel states that prior permission has not been obtained in the matter, and therefore, no mandamus need be issued in favour of the petitioner.
Learned counsel for the petitioner places reliance upon a decision of this Court in Abhishek Tripathi Vs. State of U.P. and others, reported in 2015(4) ADJ 270, in which following principles have been laid down in para 17 and 19:-
"17. However, there is another aspect of the matter that in case, the management approaches the District Inspector of Schools for grant of prior approval, the District Inspector of Schools cannot keep the matter pending for a long period as it would disturb the smooth functioning of the institution concerned. In case, sanctioned strength has already been determined by the Director of Education (Madhyamik), in view of the directions given by this Court in the case of Dhruv Narain Singh (supra), there would be no further requirement for referring the matter again to the Director of Education (Madhyamik) as contemplated in Regulation 101 as it would be a futile exercise and would further delay the appointments and impede the daily functioning of the institution.
19. This Court, therefore, finds force in the contention of the petitioner is that the determination of the post has been made final and hence there was no further requirement of determination of sanctioned post by the Director of Education as per Regulation 101 Chapter-III amended on 31.12.2009. The purpose of addition in Regulation 101 by amendment dated 31.12.2009 has been discussed above which indicates that the purpose was to check illegal appointments against non-sanctioned non- existing post in recognised educational institutions in the State of U.P. As the purpose has been achieved with the determination of sanctioned post in the institution in question by the Director of Education and an intimation was sent to the management by the District Inspector of Schools on 9.11.2012, there was no further requirement of determination of sanctioned strength by the Director of Education. Moreover, the management has intimated the vacancy position on 2.2.2014 by way of abandoned caution. Reminders were sent but no reply was given by the District Inspector of Schools."
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.2 to accord consideration to petitioner's claim for appointment, keeping in view the observations made by this Court in Abhishek Tripathi (supra), after affording opportunity of hearing to the respondent no.3, by way of a reasoned order, within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 30.11.2018 n.u.