Point of law: Clause (4) of Section 16-FF indicates that the authority could not withhold approval for the selection made where the persons selected possesses the minimum qualifications prescribed and was otherwise eligible.

JUDGMENT :

1. Heard Sri Sunil Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State-respondent.

2. In view of the office report dated 20th January, 2018, service of notice upon the respondent No.4 is deemed sufficient and accordingly, this Court proceeds finally to decide the matter.

3. The petitioner before this Court claims to have been validly appointed as Assistant Teacher in L.T. Grade by the 4th respondent in the institution, namely, 'Christian Inter Inter College, Mainpuri' admittedly a minority institution. The petitioner has become aggrieved by the order passed by the District Inspector of Schools dated 7th October, 2017, whereby an appointment of the petitioner has been disapproved by the District Inspector of Schools exercising power under Section 16 FF of Intermediate Education Act, 1921 and another order dated 13th October, 2017, whereby papers relating to the selection and appointment of the petitioner have been returned and the 4th respondent has been directed to act afresh in accordance with the letter dated 7th April, 2017 issued by the Director Education (Secondary), U.P. Lucknow.

4. Briefly stated facts of the case are that in the minority institution being run by the respondent No.4, it is stated that two vacancies arose of Assistant Teacher in L.T. Grade on 30th June, 2014 due to retirement of Mr. Stanley M. Lal and also on account of promotion of one Mr. Vinay Kumar as Lecturer (Hindi). According to the petitioner and as per norms the existing sanction strength of Faculty in L.T. Grade, the total number of posts are 29 duly approved by the State Government and this has come to be acknowledged by the District Inspector of Schools in his letter dated 20th December, 2012. As a consequence to the vacancy fallen vacant substantively, the 4th respondent issued an advertisement in two widely circulated newspapers, namely, Amar Ujala (Hindi) on 20th March, 2015 and Sunday Express (English) on 5th April, 2015, a copy whereof has been brought on record as Annexure-2 to the writ petition. Pursuant to the said advertisement the petitioner applied for the post of Assistant Teacher in L.T. Grade and was interviewed on 6th July, 2016 by the Selection Committee and was selected. Selection result issued by the Selection Committee in which the petitioner and one Ajay Kumar Singh have been shown as selected bears the signatures of the members of the Committee including Chairman.

5. The papers were forwarded to the District Inspector of Schools by the Manager of the Committee of Management on 22nd July, 2016 as required under Section 16FF of the Intermediate Education Act, 1921. However, since the matter remained pending before the District Inspector of Schools and the statutory period provided for under the regulations within which the District Inspector of Schools has to take decision either way and he did not take decision, the Committee of Management proceeded to issue appointment order to the petitioner on 28th November, 2016. The petitioner submitted his joining on 1st December, 2015 in the institution as Assistant Teacher in L.T. Grade. As the petitioner had joined and was discharging duties that in the meanwhile on 7th October, 2017 the District Inspector of Schools passed a detailed order disapproving the selection and appointment of the petitioner as Assistant Teacher in L.T. Grade in the institution on two basic grounds:-

(1). First ground taken by the District Inspector of Schools in his order is that the post in question had lapsed in view of the relevant provisions as contained in the regulations under Intermediate Education Act, 1921. According to Regulation 20 of Chapter II of the Intermediate Education Act, 1921, if the post is not filled up within three months of its falling vacant, it automatically lapses and then it becomes necessary to get it revived. In support of the stand taken by the District Inspector of Schools, he has reminded the Committee of Management to its