Court No. - 34
Case :- WRIT - A No. - 43464 of 2002 Petitioner :- Ranveer Singh Respondent :- District Inspector Of Schools & Others Counsel for Petitioner :- S.C. Pandey,B.B. Paul,M.C. Singh,R. Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri M.C. Singh, Advocate, for petitioner and learned Standing Counsel for respondents.
2. Petitioner was appointed as Class-IV employee in Lal Bahadur Shastri Inter College, Iglas, District Aligarh. The District Inspector of Schools (hereinafter referred to as "DIOS") granted approval but by means of impugned order dated 06.09.2002 (Annexure-4 to the writ petition) the said approval granted on 21.06.2000 has been revoked on the ground that appointments have not been made in accordance with Group ‘D’ Employees Service (U.P.) Rules, 1985 (hereinafter referred to as “Rules, 1985”) as amended in 1986.
3. When questioned, learned Standing Counsel could not dispute that Rules, 1985 are applicable only in respect to service in State Government Departments and not applicable to Secondary Educational Institutions which are governed by the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as “Act, 1921”) and Rules and Regulations framed thereunder.
4. Similar issue has been considered and decided by this Court in Writ Petition (Writ-A) No. 52628 of 2002 (Moti Ram Vs. D.I.O.S. Aligarh & others) holding as under:
“It is well settled that Uttar Pradesh Samooh Gha Karmachari Niyamawali 1985 as amended in the year 1986 is not applicable to the employees of privately managed Secondary Education institutions, therefore, the cancellation of approval of appointment of the petitioner on that ground cannot be sustained ...”
5. In view of above, impugned order passed by DIOS revoking the approval already granted to appointment of petitioner cannot be sustained.
6. The writ petition is allowed. Impugned order dated 06.09.2002 is hereby quashed.
Order Date :- 26.7.2018 PS