RESERVED ON 11.5.2022

DELIVERED ON 20.6.2022

Case :- WRIT - A No. - 8958 of 2013

Petitioner :- Ajay Kumar Mishra

Respondent :- State Of U.P.Thru Secy And Ors.

Counsel for Petitioner :- Alok Dwivedi

Counsel for Respondent :- C.S.C.,Arvind Upadhyay

Hon'ble Siddharth,J.

Heard Shri Alok Dwivedi, learned counsel for the

petitioner and learned Standing Counsel.

This writ petition has been filed praying for quashing

of the order dated 8.11.2012 passed by the respondent

no.2,Regional Level Committee headed by Joint Director of

Education, Kanpur Region, Kanpur.The direction has been

sought against the respondent authorities to treat the

selection of the petitioner as deemed to be approved as

per Regulation 17 (g), Chapter II of U.P. Intermediate

Education Act, 1921 and Circular dated 18.7.1981 and

Government Order dated 17.10.2012 on class IV post in

the institution and pay his salary forthwith. Alternative

prayer has been made for directing the respondent

authorities to grant approval to the selection and

appointment of the petitioner on class IV post and pay his

salary forthwith.

There is minority institution, namely, Sri Guru Nanak

Vidalaya Girls Inter College, Latoos Road, Kanpur Nagar

(hereinafter referred to as “institution only) a duly

recognized and aided institution also covered under

Article 30 of the Constitution of India.On account of

promotion of an incumbent from class IV post to class III

post, a substantive vacancy on class IV post arose in the

institution. Being minority institution no prior permission

was required from the District Inspector of Schools, IInd,

Kanpur Nagar, respondent no.4 for filling the post and the

Principal after publication of of advertisement in two

dailies, “Aaj” and “Hindustan” conducted interview and

petitioner was duly selected. After selection of the

petitioner the papers of his selection were forwarded on

3.7.2009 to the respondent no.4, District Inspector of

Schools, IInd, Kanpur Nagar, for granting approval to the

selection and appointment of the petitioner on class IV

post in the institution and respondent no.4, District

Inspector of Schools, IInd, Kanpur Nagar, forwarded the

same to the respondent no.3, Joint Director of Education,

Kanpur Region, Kanpur, who returned the papers on

7.5.2010 stating that the process mentioned in the

Circular dated 16.4.2010 was not followed in the selection

and appointment of the petitioner. The Principal of the

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institution again sent letters to the respondent aforesaid

for granting approval for selection and appointment of the

petitioner and the Joint Director of Education, aforesaid

again refused the same relying upon the Government

Order dated 6.1.2011 by his letter dated 10.3.2011. The

aforesaid order was challenged before this court by the

petitioner vide Writ Petition No. 23867 of 2011, which was

allowed on 25.4.2012 and the Joint Director of Education,

Kanpur Region, Kanpur was directed to reconsider the case

of the petitioner but by the impugned order dated

8.11.2012, the respondent no.2, Regional Level

Committee, headed by Joint Director of Education, Kanpur

Region, Kanpur again passed the order of refusal , hence

petitioner is before this court.

Counter affidavit has been filed on behalf of the

respondent nos. 2 to 4, wherein it has been stated that as

per Regulation-101 of Intermediate Education Act, 1921,

the principal cannot fill any post of non teaching staff

without prior approval of the District Inspector of Schools.

According to Government order dated 6.1.2011 there were

restrictions on the appointments of class IV employees in

government aided Intermediate