Hon’ble A.P. Sahi, J.—The petitioner claims appointment as a Sweeper in an Intermediate College, namely, Shri Jawahar Inter College, Bamnauli, District Baghpat which is an institution governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder.

2. The power of the head of the institution, namely, the Principal/Head-Master to appoint a Class IV employee in an Intermediate College is provided for under Chapter I Regulation 10 read with Chapter III Regulation 100 of the regulations framed under the U.P. Intermediate Education Act, 1921.

3. The power to frame regulations vests with the Board as defined under Section 3 of the Act and the word regulations have been defined under Section 2(e) of the Act. The State Government, however, has powers to modify, rescind or issue any orders in relation to such regulations as per Section 9(4) of the 1921 Act read with Section 2(f) thereof.

4. Thus the powers of the Board that are defined under Section 7 of the Act empowering it to frame regulations is controlled by the State Government under Section 9(4) of the 1921 Act.

5. The authority to frame regulations with regard to service conditions has been conferred under Section 16-G of the 1921 Act which provides for framing of regulations for service conditions of the Head of the Institution, Teachers and other employees.

6. The dispute in the present writ petition is with regard to the refusal by the District Inspector of Schools to grant approval to the appointment of a Class IV employee by the impugned order dated 21.5.2013 on the ground that firstly the institution/appointing authority has not taken any prior permission from the District Inspector of Schools as required under Regulation 101 of Chapter III. The second ground taken is that in view of the Government Order dated 12.1.2011, no appointment against Class IV posts can be made any further except by outsourcing and the third ground of rejection is that there is a complete ban on making appointments under the Government Order dated 15.3.2012.

7. Learned counsel for the petitioner Sri Rahul Mishra contends that the first ground taken for refusing to grant approval that no prior permission was taken is absolutely incorrect. The order has been passed in violation of principles of natural justice without adhering to the fact that the post for which appointment was being made was that of a Sweeper and no such prior permission was required. Secondly the intimation for seeking permission was sent on 13.3.2013 by the Principal of the Institution who is the appointing authority of Class IV employees. A copy of the said application is Annexure 2 and a reminder is Annexure 3.

8. Advertisement was issued thereafter in Hindi Daily Newspaper Hindustan and Janwani that have wide circulation. An interview was fixed on 5.5.2013 and before interview a request was made to the District Inspector of Schools for sending a nominee through letter dated 26.4.2013. The request was also made to the District Employment Officer for sending his representative on 18.4.2013. It is also stated that the Employment Exchange had also provided a list of candidates on 20.4.2013 who were also invited to attend the interview.

9. The selections were held on 5th May, 2013 and the Selection Committee submitted its proceeding to the Principal. The Selection Committee was comprised of all sections of the society including one Mr. Sanjay Kumar a representative of the Scheduled Caste Category. The entire papers were forwarded to the District Inspector of Schools who has now passed the impugned order.

10. The contention of Sri Mishra is that the impugned order is without any notice or opportunity to the petitioner and therefore the same is in violation of principles of natural justice. He submits that had the District Inspector of Schools sought any further clarification or information, the same could have been explained, but the District Inspector of Schools has simply refu