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"The appointing authority shall not fill up any vacancy on a non-teaching staff of a recognized aided institution except with the prior approval of the Inspector."

The important words to be considered for interpretation of the aforesaid provision are 'fill up any vacancy' and 'except with the prior approval of the Inspector'. The words 'not fill any vacancy' and 'except with the prior approval of the Inspector' when read conjointly could only mean that some person has been selected and an approval is required for his appointment the same would be possible only after the selection process is complete and some person is selected for being appointed. The words "except with the prior approval of the Inspector" used in the regulation clearly goes to show that approval is to be accorded by the Inspector to the person selected by the selection committee and not before that. Regulation 101 does not speak of any prior approval before initiating the process of making the selection. Obvious intention of the legislature enacting the aforesaid provision is that the District Inspector of Schools before according approval for sanction of payment from the State exchequer may examine whether a duly sanctioned vacancy was available in the institution, the procedure prescribed for making the selection has been strictly adhered to and there has been fairness and transparency, the candidate selected possesses the prescribed requisite qualification, provision of reservation, if applicable, has been adhered to. Apparently, such stage will come only after selection has been made and not earlier to that. In case the words " prior approval of the Inspector" are interpreted to mean prior approval before initiating the selection process then once the same is accorded and the institution proceeds to fill any vacancy there would be no occasion for the District Inspector of Schools to scrutinize the process undertaken for selection and whether it has been made in accordance with the prescribed procedure. The regulation does not contemplate prior approval at two stages (i) at the time of initiating the selection process and (ii) after the selection process is over. Therefore, what is contemplated in Regulation 101 is prior approval after the selection is over and before appointment. The view taken by me finds support from the Division Bench judgment of this Court in the case of Jagdish Singh vs. State of U.P. & others, reported in 2006(4) Alld. Daily Judgment 162 (Allahabad) (DB) wherein it has been observed as under :

"21. The observation of the learned Single Judge in Ram Dhani's case (supra) that previous approval under Regulation 101 is required to be taken before issuing advertisement for filling up vacancy does not lay down correct law. We, however, make it clear that although prior approval is required from the District Inspector of Schools after completion of process of selection but there is no prohibition in the Principal/Management to seek permission of the District Inspector of Schools for filling up vacancy by direct recruitment. The permission may or may not be granted by the District Inspector of Schools but even if such permission to start the selection process or to issue advertisement is granted that is not akin to prior approval as contemplated under Regulation 101.

22. In view of the aforesaid, we are of the considered opinion that prior approval contemplated under Regulation 101 is prior approval by the District Inspector of Schools after completion of process of selection and before issuance of appointment letter to the selected candidate."

From the aforesaid facts and discussions and the law laid down by the Division Bench of this Court in the case of Jagdish Singh (supra), it is clear that prior approval contemplated in Regulation 101 means prior approval at the time of appointment and not at the time of initiation of process for making the appointment.