Though the petitioner has challenged the vires of Regulations 2009, but at this stage claiming the illegality in the matter of procedure of selection, he confines his prayer for issuing direction to the Director of Education (Secondary), opposite party No.2 to take a decision in the matter, who is empowered under Regulation 15 of the Uttar Pradesh Madhyamik Sanskrit Shiksha Parishad (Sansthaon Ke Pradhanoan, Adhyapakon Evam Sansthaon Ke Anya Karamchariyon Ki Niyukti Tatha Sewa Shartein) Niyamawali, 2009. No doubt the Director of Education (Secondary), State of U.P. has been entrusted with the statutory power to examine the process of selection and if the same is found malpracticed or adulterated, he can declare the same void in exercise of power provided under Regulation 15 of the said Regulations.
Keeping in view the aforesaid provisions, I hereby dispose of the writ petition finally with the direction to the opposite party No.2 to look into the matter, before whom the petitioner shall have right to submit his grievance, and pass an appropriate order before proceeding further with the process of selection.
Order Date :- 13.9.2011 Banswar