JUDGMENT I.M. Quddusi, J.
1. Heard learned Counsel for the petitioner and Sri R.B. Yadav for opposite party.
2. It appears that Committee of Management appointed one Naresh Chandra on Class IV post in leave vacancy and one Ram Kumar Verma who was posted as Class IV employee had proceeded on leave for a period of one year commencing 1-6-1999. Zila Basic Shiksha Adhikari has not approved the appointment of Naresh Chandra on leave vacancy on the ground that Code of Conduct of Election has been enforced and hence appointment cannot be made in leave vacancy as has been made vide resolution of Committee of Management dated 4-7-1999. The petitioner has annexed the order of Election Commission dated 12th July, 1999 contained as Annexure 7 to the writ petition in which it has been directed that Magistrates and other authorities shall not make any ad hoc appointment in Government Public Undertakings etc. Which may have the effect of influencing the voters in favour of the party in power, but there, is no restriction regarding the appointment in leave vacancy. However, this order of Election Commission was issued on 12th July, 1999 while the resolution was passed by the Committee of Management appointing the aforesaid Naresh Chandra in leave vacancy on 19-9-1999 i.e. much prior to the date of issuance of the direction of the Election Commission.
3. In view of the above the writ petition succeeds and is allowed. The order dated 4th August, 1999 rejecting approval by Zila Basic Shiksha Adhikari, Unnao on the appointment of Naresh Chandra on Class IV post passed vide resolution dated 4-7-1999 by the Committee of Management of Sri Ashutosh Shiv Narayan Vidyalaya, Unnao is hereby quashed. The District Basic Shiksha Adhikari, Unnao is directed to reconsider the matter of approval in the light of the observation made above expeditiously preferably within a period of one month from the date of production of a certified copy of this order before him.