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2019 Supreme(All) 1105

RAJESH SINGH CHAUHAN
Dhirendra Pratap Singh – Appellant
Versus
State of U. P. Thru. Prin. Secy. Basic Education – Respondent


Advocates Appeared:
For the Appellant : Rajendra Pratap Singh, Surendra Pratap Singh
For the Respondent: C.S.C., Shobhit Mohan Shukla

JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard learned counsel for the parties.

2. By means of this petition, the petitioner has assailed the inaction on the part of the District Basic Education Officer, Sitapur for not granting formal approval of the appointment of the petitioner on the post of Assistant Teacher in the institution in question i.e. Sanatani Madhyamik Vidyalaya Bihat Virampur, Sitapur.

3. The case of the petitioner is that he was duly appointed on the post of Assistant Teacher and the appointment letter to that effect has been issued on 13.1.2017, which is contained in Annexure No.10 to the writ petition. Perusal of the aforesaid appointment letter reveals that the aforesaid appointment of the petitioner has been made pursuant to the decision of Selection Committee dated 5.12.2016 and since the approval was required from the District Basic Education Officer, therefore, necessary papers have been sent before the District Basic Education Officer for approval.

4. Learned counsel for the petitioner has referred Rule 10 of the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. The aforesaid Rule provides

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