Chief Justice's Court
Case :- SPECIAL APPEAL No. - 838 of 2019 Appellant :- Vidhu Sharma Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Yogesh Agarwal,Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.,D. Kumar. Misra
Hon'ble Govind Mathur,Chief Justice Hon'ble Vivek Varma,J.
The instant appeal is preferred to question correctness of the order dated 10th July, 2019 passed by learned Single Bench in Writ-A No. 21200 of 2006 (Vidhu Sharma vs. State of U.P. and others). By the order impugned, learned Single Bench dismissed the petition for writ preferred by the appellant- petitioner giving challenge to the order dated 11th March, 2006 passed by the District Inspector of Schools, Aligarh.
The facts as unfolded in the judgment impugned are that an appointment was accorded to the appellant-petitioner as Assistant Teacher against a short term vacancy. Necessary intimation in that regard was given to the District Inspector of Schools, Aligarh but under the order dated 11th March, 2006, he refuse to approve the same on the count that no prior permission was taken by the management of the institution concerned before making appointment of the appellant- petitioner against the vacancy concerned.
Learned counsel appearing on behalf of the appellant states that as per the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981, the requirement was only to provide intimation to the District Inspector of Schools and that was given by the management. As such, the denial for approval on the count that prior permission was not sought is not justifiable. To substantiate the contention, learned counsel has also placed reliance upon learned Single Bench judgment of this Court in Shri Niwas Singh vs. District Inspector of Schools, Ghazipur & Ors., reported in 1998 (32) ALR 467.
Heard learned counsels and also considered the rival submissions.
As per Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981, the management is required to intimate the vacancies to the District Inspector of Schools and shall also immediately notify the same on the notice board of the institution requiring the candidates to apply to the manager of the institution along with particulars given in Appendix 'B' to the Order concerned. It is not in dispute that the intimation was given to the District Inspector of Schools and as such the requirement of prior permission is not at all relevant. Having considered this aspect of the matter, we deem it appropriate to dispose of this appeal by setting aside the order passed by the learned Single Bench dated 10th July, 2019 and by directing the District Inspector of Schools, Aligarh to reconsider the entire issue in light of the provisions of Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 and also by keeping in mind the law led by this Court in the case of Shri Niwas Singh (supra). The District Inspector of Schools, Aligarh shall consider and decide the entire issue on or before 1st September 2019.
Order Date :- 30.7.2019 VMA (Vivek Varma, J.) (Govind Mathur, C.J.)