Court No. - 28
Case :- WRIT - A No. - 25149 of 2008 Petitioner :- Vinay Kumar Sharma Respondent :- State Of U.P. Thru' Secy. Secondary Educatin & Others Counsel for Petitioner :- R.C. Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the parties and perused the record.
The Principal of Maharaja Agarsen Inter College, Deoria, District Deoria (hereinafter referred to as 'the Institution') initiated proceedings for appointment to the Class IV posts in the said Institution. Pursuant to the selection proceedings, appointments were made to the Class IV posts. Financial approval was accorded to the aforesaid appointments by the District Inspector of Schools, Deoria by order dated 06.12.2007.
The petitioner is aggrieved by the order dated 06.12.2006 according approval to the appointments and also the process of recruitment.
The Committee of Management was similarly aggrieved by the aforesaid selection proceedings initiated at the behest of the Principal of the said Institution. The Committee of Management of the said Institution instituted a writ petition registered as Writ-A No. 17419 of 2009. The said writ petition was disposed of vide judgment and order dated 08.07.2010. The order dated 08.07.2010 passed by the learned Single Judge was taken in appeal before the Division Bench. The aforesaid appeal registered as Special Appeal (Defective) No. 63 of 2011 (Committee of Management, Shri M. V. S. D. and another Vs. State of U.P. and others). The aforesaid appeal was disposed of finally by judgment and order dated 09.03.2018. The operative portion of the said judgment rendered by the Division Bench of this Court is extracted hereinunder:-
"5. In our view, this issue involves the very foundation of appointment of respondents no. 6 to 13 before learned Single Judge and, therefore, DIOS while complying with direction issued by learned Single Judge shall also examine question of number of sanctioned strength of Class-IV post in institution in question and shall record specific finding after examining relevant orders of creating/ sanctioning posts in institution in question of Class-IV employees and thereafter shall examine matter further."
In compliance of the said direction of this Court in the validity of the appointments made by the principal and approval accorded to various Class IV posts is engaging attention of the District Inspector of Schools, Deoria. In the light of the aforesaid facts, no useful purpose would be served to keep this writ petition pending. It is open to the petitioner to file a representation before the District Inspector of Schools, Deoria raising his objections to the selection proceedings. The District Inspector of Schools, Deoria shall decide the representation of the petitioner along with the objections submitted by the Committee of Management in the light of the judgment and order dated 09.03.2018 rendered by this Court in Special Appeal (Defective) No. 63 of 2015 (Committee of Management, Shri M. V. S. D. and another Vs. State of U.P. and others).
The writ petition stands disposed of.
Order Date :- 26.7.2018 Dhananjai