Point of Law:
Duty of courts in construing a statutory provision to give effect to the intent of the rule making authority and to seek for that intent in every way. The object of interpretation of a set of statutory rules/regulations is to ascertain the intent of the rule making authority and to ensure that the provisions are interpreted so as to subserve the intent. There is a general presumption that the statutory provisions have to be given a purposive construction that best gives effect to the purpose for which the provision had been made

JUDGMENT :

Yogendra Kumar Srivastava, J.

1. The present intra court appeal has been filed against the judgment and order dated 29.11.2019 passed in Writ A No. 59653 of 2015 (Dhruv Kumar Pandey and another Vs. State of U.P. and others), in terms of which the writ petition has been dismissed.

2. The writ petitioners are the appellants before us.

3. The records of the case reflect that the writ petition had been filed primarily seeking to challenge an order dated 15.7.2015 passed by the District Inspector of Schools DIOS, Basti, where under the approval to the appointments of the appellants/writ petitioners had been declined. A further prayer was made for issuance of a mandamus commanding the DIOS to consider the grant of approval afresh to the appointments of the petitioners on Class IV posts made by the Committee of Management of the Janta Inter College Nagar Bazar, Basti the Institution.

4. Learned Senior Counsel appearing for the appellants has sought to assail the judgment of the learned Single Judge by contending that the writ petition has been dismissed upon noticing the fact that the order impugned therein being the order dated 15.7.2015 passed by the DIOS had recorded that no prior permission had been obtained and the procedure prescribed under law had not been followed before making the appointments, whereas there is no requirement under the relevant regulations with regard to the obtaining any prior permission. He has submitted that the judgment of the writ court having been passed on an erroneous legal premise, the same cannot be sustained.

5. Per contra, learned Standing Counsel appearing for the State respondents has supported the judgment of the learned Single Judge and has submitted that the appointments of the appellants/petitioners had been made without following the procedure as prescribed under the relevant regulations and as such the same could not have been approved, and accordingly the DIOS had rightly refused to accord the approval to their appointments.

6. In order to appreciate the rival contentions, it would be necessary to advert to the relevant statutory provisions.

7. The Institution in question is governed by the provisions of the Intermediate Education Act, 1921 the Act, 1921 and it receives grants-in-aid under the provisions of the Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 197 U.P. Act No. 24 of 1971 .

8. The Intermediate Education Act, 1921 was enacted to establish the Board of High School and Intermediate Education for the purposes of regulating and supervising the system of High School and Intermediate Education in the State of Uttar Pradesh, and to prescribe courses there for.

9. The conditions of service of heads of institutions, teachers and other employees in an institution recognised under the Act, 1921 are provided for under Chapter III of the Regulations made there under, which are referable to powers under Section 16G of the said Act.

10. The provisions with regard to appointment of Class III and Class IV employees in institutions recognised under the Act, 1921 were brought into force with effect from 30th July, 1992 with the insertion of Regulations 101 to 107 under Chapter III of the Regulations framed under the Act, 1921.

11. For ease of reference, Regulations 100 to 107 (as they stood at the relevant point of time) are being extracted below:

Hindi

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