Kamal Narain Mishra And Another vs State Of U.P. And Others
2011 Latest Caselaw 2755 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 46428 of 2007
 

 
Petitioner :- Kamal Narain Mishra And Another
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- S.K. Mishra,J.P. Rai,O.P.Rai
 
Respondent Counsel :- C.S.C.,G.K.Singh,V.K.Singh
 

 
Hon'ble Krishna Murari,J.

Heard learned counsel for the petitioners and learned Standing Counsel.

Petitioners clam that they were selected for being appointed as Asstt.Teacher in the Institution in question after following the due procedure prescribed by law and the papers were duly forwarded to the District Inspector of Schools, Ghazipur. Grievance of the petitioners is that the DIOS instead of considering the grant of approval to the selection of the petitioners, forwarded the papers to the Director of Education, who in turn returned it back to the DIOS on 13.7.04 directing him to take appropriate decision in accordance with law.

It is contended that even thereafter instead of granting approval again vide letter dated 18.1.06, the DIOS forwarded all the papers to the Dy.Director of Education, Lucknow seeking his guidance in the matter.

It is contented that it is the District Inspector of Schools/Regional Level Committee headed by Joint Director of Education, who has to take a decision in the matter and unnecessarily by undertaking unknown and illegal procedure, delay is being caused.

Considering the facts and circumstances, this writ petition stands disposed of with the direction to the DIOS, Ghazipur to decide the question of grant of approval to the selection of the petitioners on the post of Asstt.Teacher in the Institution in question in accordance with law and relevant rules on the subject, within two months from the date of production of a certified copy of this order before him.

Order Date :- 15.7.2011

SM