Hon’ble Arun Tandon, J.—Principal, Adarsh Inter College, Umari, District Bijnor has filed this writ petition challenging the letter of the District Inspector of Schools dated 25.7.2009. Facts in short are as follows.

2. Adarsh Inter College is an aided and recognized Intermediate College. The provisions of the Intermediate Education Act and those of U.P. Act No. 24 of 1971 are applicable to the teachers and staff of the said institution. One Vinod Kumar who was working on Class IV post in the institution was granted promotion as Class III employee resulting in a vacancy on Class IV post in the institution. The vacancy was advertised in Hindi newspaper Dainik Jagran and Amar Ujala on 2.6.2009 and 3.6.2009 respectively by the Principal of the Institution who is the appointing authority. A Selection Committee was constituted and after selections one Km. Lakshmi Devi was empanelled at Serial No. 01 and one Bhupendra Kumar was empanelled at Serial No. 02. The selection proceedings under the letter of the Principal of the institution dated 20.6.2009 were forwarded to the District Inspector of Schools for grant of necessary approval to appointment as required under Regulation 101 of Chapter III of the regulations framed under the Intermediate Education Act. The District Inspector of Schools with reference to the Government Order dated 19.12.2000 transmitted the papers for approval to the Regional Level Committee.

3. The State Government however issued the Government Order’s dated 20.10.2008 and 31.10.2008 providing for surplus staff being adjusted against subsequent vacancies before any fresh recruitment in aided institutions. The Regional Level Committee accordingly returned the papers qua the selections on the ground that they are not in conformity with the Government Orders issued. The District Inspector of Schools has accordingly informed the decision vide letter dated 25.7.2009. It is against this decision that the present writ petition has been filed.

4. At the very outset it is recorded that the Government Orders referred to above, are not under challenge. However what has been stated is that appointment on Class IV post in Intermediate Colleges are made under Regulations 101 to 107 of the Intermediate Education Act and therefore, the Government Order cannot override the statutory regulations.

5. The Standing Counsel however brought to the notice of the Court that the entire selections held by the petitioner on Class IV post are in clear violation of the Government Order dated 11.5.2001 as communicated to all the Regional Joint Director of Education vide letter of the Director of Education dated 1.6.2001. Under the aforesaid Government Order it has specifically been provided that since for appointment on Class IV post no procedure for appointment by direct recruitment has been laid down in the Regulations framed under the Intermediate Education Act, the Rules applicable qua appointment on Class IV post in the Government employment will be applicable, to be precise U.P. Direct Recruitment to Group-D Post Rules 1986 will be applied. He submits that under the aforesaid Rules, Selection Committee has to be constituted which is to comprise of a nominee of District Magistrate. He submits that selections have not been held in accordance with the Government Order/in accordance with the Rules of 1986. Entire selections set up by the Principal are illegal and therefore, the Court may not interfere on the asking of the writ petitioner with respect of such illegal selections.

6. In reply counsel for the petitioner has placed reliance upon a judgment in the case of Smt. Shikha and another v. State of U.P. and others reported in 2008(4) ADJ 573 : 2008(3) ESC 1584 (All) and it is contended that this Court has held that the provisions of U.P. Direct Recruitment to Group D Post (inclusion of a member nominated by the District Magistrate in Selection Committee) Rules, 2006 would not be applicable qua appointment of Class IV employee in recog