Court No. - 34
Case :- WRIT - A No. - 36975 of 1993 Petitioner :- Mahabir Singh Respondent :- Dios & Others Counsel for Petitioner :- A.Kumar,Abhai Raj Singh,J.K. Srivastava,Sanjay Kumar Dwivedi Counsel for Respondent :- SC,Satya Prakash
Hon'ble Sudhir Agarwal,J.
1. Heard learned counsel for petitioner and perused the record.
2. Admittedly appointment of petitioner on Class-IV post was made by Principal, Shri Tula Ram Uchchatar Madhyamik Vidyalaya, Malpura, Agra without complying with the requirement of Regulation 101 Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921 (hereinafter referred to as the “Act, 1921”), therefore, alleged appointment of petitioner on Class-IV post is patently illegal and void ab initio.
3. A Division Bench of this Court in Jagdish Singh etc. Vs. State of U.P. & others, 2006 (3) ESC 2055 has considered aforesaid Regulation 101 and it has held that if there is no “prior approval” before making appointment, either actually granted or deemed, appointment if made by Management would be illegal and void ab initio and would confer no right upon incumbent concerned to hold post of claim salary. Relevant extract of aforesaid judgment reads as under:
" ... without prior approval of the Inspector, the Principal or the committee of management cannot issue an appointment letter or permit joining of any candidate. Requirement of prior approval in Regulation 101 is a condition precedent before issuing an appointment letter and is mandatory."
4. In the present case admittedly documents were never sent to DIOS seeking his prior approval. Therefore, apparently, there was non compliance of Regulation 101, Chapter III of the Regulations and in view of Division Bench judgment in Jagdish Singh (supra), alleged appointment of petitioner is/was void ab initio.
5. In the result, petitioner is not entitled for relief prayed for.
6. Dismissed. Interim order, if any, stands vacated.
Order Date :- 26.7.2018 AK