Heard Shri Vashishtha Tiwari, learned counsel for the petitioner and Shri B.B. Pandey, learned Chief Standing Counsel for the State respondents.
The petitioner is before this Court with request to issue direction to the respondent no.3, District Inspector of School, Agra to grant approval to the selection of Class-IV employee (Sweeper) made in the institution within stipulated time and to pay the salary to Class-IV employee appointed in the institution on 20.8.2019.
Learned counsel for the petitioner states that after retirement of Mukesh Kumar, who was a confirmed and permanent employee working as Sweeper, one Sunil Kumar has been appointed as Sweeper in an Intermediate College, namely, Swami Lila Shah Adarsh Sindhi Inter College, Charbagh, Shahganj, Agra, which is a recognized minority and aided institution governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder. In the said selection total 35 candidates appeared in the interview held on 20.8.2019 and Sunil Kumar was selected on the basis of highest quality point marks. After completing the process of selection the entire papers relating to the said selection were sent to the respondent no. 3 on 21.8.2019 for approval as per provisions contained in Chapter III Regulation 100 of the regulations framed under the U.P. Intermediate Education Act, 1921. In a minority institution the respondent no.3 is the only competent authority for granting approval to appointment and selection of Class-IV employee. Inspite of receipt of the papers, nothing has been done by the respondent no.3. Again the petitioner has made representations dated 13.11.2019 and 7.12.2019 for granting approval to the appointment and selection of Class-IV employee (Sweeper) in the institution but nothing has been done till date by the respondent no.3. Such situation has impelled the petitioner, who is Principal of the institution, to approach this Court for the aforesaid reliefs.
No useful purpose would be served in keeping the writ petition pending.
In view of above, with the consent of parties and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the respondent no.3, District Inspector of School, Agra to look into the grievance of the petitioner and redress the same strictly in accordance with law and as per provisions contained in Chapter III Regulation 100 of the regulations framed under the U.P. Intermediate Education Act, 1921 within a period of three weeks from the date of production of a certified copy of this order before him.
Order Date :- 18.12.2019 RKP