Failure to communicate a decision within the prescribed period leads to deemed approval of appointment, despite procedural lapses.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. A. D. Saunders, learned counsel for the petitioner, Mr. Ashish Kumar (Nagvanshi), learned Additional Chief Standing Counsel and Mr. Shailendra Singh, learned Standing Counsel for the State-respondents as well as perused the records.

2. This writ petition has been filed challenging the order dated 28.09.2017 passed by the District Basic Shiksha Adhikari, Gorakhpur, disapproving the appointment on the post of Clerk and a further prayer to direct the District Basic Shiksha Adhikari to pass necessary orders for the payment of salary to the selected candidate.

3. Placing the brief facts of the case, learned counsel for the petitioner submits that the petitioner is the Committee of Management of St. John’s Girls Junior High School, which is a recognized, aided, and minority institution (hereinafter referred to as 'the institution'). Several vacancies, including one for the post of Clerk, existed in the said institution. The selection for the post of Clerk in the institution is governed by the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984 (hereinafter referred to as 'the Rules of 1984').

4. In order to advertise the vacant posts, including that of Clerk, the Manager of the institution sought permission from the District Basic Shiksha Adhikari for advertising the posts. The District Basic Shiksha Adhikari, Gorakhpur, by letter dated 23.06.2016, granted permission to advertise all the posts, including the post of Clerk. Pursuant to this, the Manager of the institution advertised the posts, including the post of Clerk, in two newspapers: Swatantra Jantmitra and Swatantra Bharat, dated 26.07.2016.

5. Pursuant to the aforesaid advertisement, a large number of applications were received and accordingly, interview letters dated 09.05.2017 were issued to all eligible candidates, fixing 25.05.2017 as the date for the interview before the selection committee.

6. As per Rule 14 of the Rules of 1984, the selection committee was required to be constituted in such a manner that one member would be nominated by the District Basic Shiksha Adhikari, Gorakhpur. Accordingly, by letter dated 09.05.2017, the Manager requested the District Basic Shiksha Adhikari, Gorakhpur, to nominate one representative for constituting the selection committee, which was scheduled on 25.05.2017. In response, the District Basic Shiksha Adhikari nominated and sent Shri Jitendra Kumar Pandey, Principal of Rajkiya High School Barigaon, Belghat, Gorakhpur, as the expert for the selection committee.

7. On 25.05.2017, the select