Mahesh Chandra And Another vs State Of U.P. And 3 Others
2021 Latest Caselaw 7408 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 14826 of 2020
 

 
Petitioner :- Mahesh Chandra And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vashishtha Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner's claim for grant of financial approval to his class IV appointment has been rejected vide order impugned dated 21.11.2020, passed by the District Inspector of Schools, Agra. This order records that prior approval has not been obtained in terms of regulation 101 contained in Chapter III of the U.P. Intermediate Education Act, 1921. It is also sought to be urged that appropriate regulation has been amended and such post can only be outsourced.

Learned counsel for the petitioner states that regulation 101 applies only to the appointment made in class III category and does not apply to class IV category. Reliance is placed upon a judgment of this Court in Writ Petition No.27163 of 2016, decided on 25.11.2020. Submission is that since provisions of outsource has not been approved by the Court, therefore, denial of approval to petitioner's appointment is bad in law.

This Court on 30.06.2021 had allowed time to learned Standing Counsel to obtain instructions. Instructions have been obtained.

Learned Standing Counsel fairly concedes the legal proposition that provisions under regulation 101 does not apply to class IV appointment. So far as the judgment of this Court is concerned it is contended that authority concerned be permitted to revisit the issue.

In view of the fact that regulation 101 has no applicability to an appointment made on class IV post in intermediate institution the order impugned dated 21.11.2020 cannot be sustained and is quashed. Matter stands remitted to the District Inspector of Schools concerned for fresh consideration, keeping in view the law laid down in Writ Petition No.27163 of 2016, decided on 25.11.2020, within a period of three months from the date of presentation of a copy of this order.

Order Date :- 9.7.2021

Ashok Kr.