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Allahabad High Court

Dhruv Kumar Pandey And Another vs State Of U.P. And 3 Others on 29 November, 2019

Author: Ashwani Kumar Mishra

Bench: Ashwani Kumar Mishra





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 59653 of 2015
 

 
Petitioner :- Dhruv Kumar Pandey And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Tej Narain Tiwari
 
Counsel for Respondent :- C.S.C.,Aditya Kumar Tiwari
 

 
Hon'ble Ashwani Kumar Mishra,J.
 

Financial approval to petitioner's appointment has been declined by the District Inspector of Schools, Basti, vide his order dated 15th July, 2015, which is impugned in the present writ petition. The order impugned records that no prior permission has been obtained from the Inspector and procedure prescribed in law has not been followed before appointing the petitioner.

It is not in issue that an appointment could have been made only after the vacancy was duly advertised. The post is said to have been advertised in 'Anurag Lakshya' and 'Prakash Times', none of which is shown to be a newspaper having circulation throughout the State. It is settled that in the absence of proper advertisement no appointment is otherwise possible. Even permission from the Inspector has not been obtained. In that view of the matter, no interference with the order impugned is called for as the procedure contemplated in law before appointing the petitioner has not been followed.

The writ petition lacks merit and is accordingly dismissed.

Order Date :- 29.11.2019 Ranjeet Sahu