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Allahabad High Court

Dharam Veer Singh And Others vs State Of U.P. & Ors. on 16 June, 2010

Author: Sabhajeet Yadav

Bench: Sabhajeet Yadav

Court No. - 21

Case :- WRIT - A No. - 34982 of 2010

Petitioner :- Dharam Veer Singh And Others
Respondent :- State Of U.P. & Ors.
Petitioner Counsel :- V.K. Singh
Respondent Counsel :- C.S.C.

Hon'ble Sabhajeet Yadav,J.

It is stated that petitioners' selection has been made against the vacancy of Class IV post existing in the institution in the month of May, 2009 and the papers regarding the selection have already been forwarded to the District Inspector of Schools on 9.6.2009 for approval but it appears that meantime the amendment has come in the Regulation 101 framed under U.P. Intermediate Education Act wherein the appointment on the post of Class IV employees is required to be made with the prior approval of Director of Madhyamic Education. It appears that on that ground the petitioners' appointment has not been approved by District Inspector of Schools. In this view of the matter, the District Inspector of Schools is directed to pass a reasoned and speaking order in respect of approval of appointment of petitioners by ignoring the amendment made in Regulation 101 with effect from 2nd January, 2010. However the District Inspector of Schools shall examine the validity of selection and appointment of the petitioners on the post in question as this Court did not examine the validity of selection on merit.

With the aforesaid observations and directions, the writ petition is disposed of finally.

Order Date :- 16.6.2010 Pratima