Court No. - 19
Case :- WRIT - A No. - 6521 of 2019 Petitioner :- Phool Chandra Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kr. Singh Paliwal Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 14.2.2019, the District Inspector of Schools, Azamgarh has declined to accord approval to the appointment of the petitioner on Class IV post in Adarsh Inter College, Hadia, Mittupur, Azamgarh, which is a recognised institution under the provisions of the U.P. Intermediate Education Act, 1921. The main ground on which the approval has been declined is that as per Government Order dated 4.9.2003, whereby Regulation 101 of Chapter III was amended, Class IV posts could only be filled by outsourcing. Certain other grounds have also been mentioned in the impugned order.
It is not disputed by learned standing counsel that provision relating to filling up of Class IV posts by outsourcing has been struck down by this Court as illegal and ultravires by judgement dated 19.11.2018 in Writ-C No.45060 of 2015, Principal, Abhay Nandan Inter College, Vishnu Mandir & another Vs. State of U.P. and 3 others.
Learned counsel for the petitioner has also challenged the correctness of other grounds and has submitted that since the impugned order was passed without any opportunity of hearing to him, therefore, he could not demonstrate before the District Inspector of Schools that the selection made was strictly in accordance with law.
The order also does not indicate that the petitioner was heard, though the representation filed by him had been taken note of. Since the District Inspector of Schools has found certain defects in the advertisement and the selection procedure, therefore, this Court is of the opinion that the petitioner should have been put to notice of such grounds so that he would be in a position to rebut the same. Since the same has not been done, therefore, the order impugned does not complies with the principles of natural justice.
Learned standing counsel very fairly states that the District Inspector of Schools would pass a fresh order after providing opportunity of hearing to the petitioner.
Accordingly, the impugned order dated 14.2.2019 is quashed. The writ petition is allowed. The matter is remitted back to the District Inspector of Schools for according fresh consideration to the claim of the petitioner after giving opportunity of hearing to the petitioner as well as Principal of the institution. The entire exercise in this regard shall be completed by the second respondent within a period of eight weeks from the date of production of a certified copy of this order alongwith a fresh representation.
(Manoj Kumar Gupta, J) Order Date :- 26.4.2019 SL