Hon’ble P.K.S. Baghel, J.—The petitioner has instituted this writ proceeding for issuance of a writ of certiorari to quash the order dated 28.11.2016 whereby the sixth respondent-Finance and Account Officer in the office of Basic Education Officer, Azamgarh has returned the papers relating to appointment of petitioner No. 3 on the post of clerk.

2. Brief reference to the factual aspect would suffice.

3. Purva Madhyamik yalay, Kakrahi Dular Kharagpur, Bilariyaganj,Azamgarh is a recognized Junior High School and receives financial aid from the State Government The provisions of U.P. Basic Education Act, 1972, the U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 and U.P. Recognized Basic Schools (Junior High School) (Recruitment and Conditions of Service of Ministerial Staff and Group “D” Employees) Rules, 1984 govern the affairs of the institution. The seventh respondent conducts and manages the institution.

4. It is stated that in the institution one post of clerk is sanctioned. Vacancy occurred in the said post due to retirement of earlier incumbent. The committee of management sought permission from the Basic Shiksha Adhikari for recruitment on the said post. In response to the said request, the Basic Shiksha Adhikari vide his order dated 6.7.2016 accorded permission for the recruitment. Copy of the order of the BSA dated 6.7.2016 is on on record.

5. In his order the BSA has mentioned names of some widely circulated newspapers, out of them in two newspapers the committee of management was directed to issue advertisement. In compliance of the said communication of BSA, it is stated that committee of management issued advertisement in two newspapers. The BSA has also nominated his nominee for the selection committee.

6. Pursuant to the said advertisement, the petitioner made an application for the post of clerk. The selection committee selected him. Thereafter papers were sent by the committee of management to the office of BSA for approval.

7. On 30.6.2016 the BSA has accorded his approval to the appointment of petitioner. Later when salary bill of the petitioner was sent for financial concurrence of the office of BSA, the Finance and Account Officer of his office by the impugned order dated 28.11.2016 declined to accord financial concurrence for payment of salary and has returned the entire papers to the committee of management on the ground that entire selection is illegal and against the circular issued by Director of Education, Basic dated 31.3.2015 wherein a direction was issued that all recruitment of teachers and non teaching staff must be completed by 30.6.2015. There is recital in the impugned order that since selected candidate (petitioner) has joined after 30.6.2015, therefore, appointment is contrary to the circular of the Director. Dissatisfied with the said order, the petitioner has preferred this writ petition.

8. Sri R.K. Ojha, learned senior counsel for the petitioner submits that appointment of the petitioner has been made with approval of the BSA. After obtaining his permission, the advertisement was made in two newspapers and by following the procedure, the recruitment was made. He further submits that BSA was satisfied regarding validity of the appointment and he has accorded his approval to the petitioner’s appointment, hence the Finance and Account Officer in the office of the BSA has no jurisdiction to return the papers of selection on the ground that it is contrary to the circular of the Director. He next submits that the order of the Finance and Account Officer is without jurisdiction as the Finance and Account Officer does not have any power to review the order of the BSA regarding approval granted to the appointment of petitioner. Learned senior counsel lastly urged that under the Scheme of the U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 and U.P. Recognized Basic Schools (Junior High School) (Recruitment and C