Regulation 101 of the U.P. Intermediate Education Act, 1921 applies to minority institutions, mandating prior approval from the DIOS for non-teaching staff appointments to ensure compliance with state regulations.

JUDGMENT :

Hon. Mahesh Chandra Tripathi, J.

1. Heard Shri Fuzail Ahmad Ansari, learned Standing Counsel and Shri Ashish Mohan Srivastava, learned Standing Counsel for State-respondents-appellants and Shri Sankalp Narain, learned counsel for petitioner-respondent no.1.

2. This Court vide order dated 23.5.2024 has condoned the delay in filing the appeal and has directed to accord regular number to the appeal.

3. Present intra court appeal under Chapter VIII Rule 5 of the HIGH COURT RULES has been preferred assailing the validity of the judgment and order dated 9.5.2022 passed by learned Single Judge in Manoj Kumar Jain v. State of U.P. & Ors. Writ-A No.13182 of 2019, whereby the writ petition was allowed; orders dated 21.5.2019 and 9.7.2019 passed by District Inspector of Schools (DIOS), Aligarh have been quashed; the appointment of the petitioner on the post of Assistant Clerk in the institution has been upheld and the respondent no.3 was directed to grant financial sanction to the appointment of the petitioner on the post of Assistant Clerk and to make payment of arrears of salary w.e.f. 3.7.2018, the date of first disapproval of selection of the petitioner and to pay his month to month salary forthwith. For ready reference, the operative portion of the judgment and order dated 9.5.2022 is reproduced as under:-

“The orders impugned passed by District Inspector of Schools, Aligarh, are hereby quashed.

The appointment of the petitioner on the post of Assistant Clerk in the institution is upheld and the respondent no.3 is directed by means of a positive mandamus as per the judgement of Apex Court in case of Comptroller And Auditor General of India & Another Vs. K.S. Jagannathan & Another, (1986) 2 SCC 676 to grant financial sanction to the appointment of the petitioner on the aforesaid post, within three months from today and make payment of arrears of his salary w.e.f., 3.7.2018, the date of first disapproval of selection of the petitioner, within same period and pay his month to month salary forthwith.

In case arrears of salary payable to the petitioner is not paid to him within the time provided by this Court, the petitioner would be entitled to get 12% interest on the arrears of the amount due.

The State Government shall be free to recover the amount of interest from the public servant/servants, who is/are found responsible for the delay.

The writ petition is allowed.

FACTS

4. Brief facts giving rise to the present appeal is that there is an educational institution known as ‘Shri Udai Singh Jain Kanya Inter College, Udai Singh Jain Road, Aligarh’,[ institution in question], which is a minority institution and is governed by the U.P. Intermediate Education Act, 1921 [Act, 1921] and the various Regulations framed thereunder from time to time. The institution also received grant-in-aid from the State Government and as such the Payment of Salary Act, 1971 is also applicable upon the institution. The clerical cadre of the institution comprises one post of Head Clerk and four posts of Asstt. Clerks. It is claimed that the sanctioned strength has already been determined in view of the Government Order dated 15.6.2012, which was issued in compliance of the direction dated 22.5.2012 passed by this Court in the case of Dhruv Narain Singh v. State of U.P. & Ors., Writ Petition No.263