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2016 DIGILAW 3482 (ALL)

Suman Mishra v. State of U. P.

2016-10-19

NARAYAN SHUKLA

body2016
JUDGMENT Shri Narayan Shukla,J. Heard Mr. Bijai Prakash Tiwari, learned counsel for the petitioner as well as learned Standing Counsel. The petitioner has prayed for issuance of a mandamus to the respondent no.3 i.e. District Inspector of Schools, Ghazipur to grant approval of her appointment on the post of peon in Shri Sanatan Dharma Sanskrit Mahavidyalaya, Revatipur, District Ghazipur. At this stage, the petitioner has filed supplementary affidavit bringing on record the letter dated 13.10.2016 issued by the District Inspector of Schools, Ghazipur whereby the District Inspector of Schools, Ghazipur has disapproved the petitioner's appointment on the ground that the State Government has completely banned the appointment of class-IV employees. Learned counsel for the petitioner has submitted that the controversy as has been raised by the District Inspector of Schools, has been set at rest by this Court in Writ-C No.11760 of 2011; Lala Babu Baijal Memorial Inter College and another v. State of U.P. and others and it has been held that under the regulations framed under the Uttar Pradesh Intermediate Act, 1921, once the statute permits so the government order issued by the State Government banning the appointment of class-IV is not applicable over there. More so the Division Bench of this Court in Special Appeal No.692 of 2015; Rita Devi v. State of U.P. and 3 others has also considered the same very question. In the said case the appellant's appointment was disapproved on the ground that vide Government Order dated 06.01.2011, the State Government has imposed ban on recruitment of Class-IV employees in aided secondary institution and vide Government Order dated 04.09.2013, it had been provided that Class-IV employees could be engaged only by way outsourcing. The Division Bench took cognizance of a decision of learned Single Judge in another writ petition no.11760 of 2011 in which the Government Order dated 06.01.2011 had been quashed and further in writ petition no.62544 of 2013, the Government Order dated 04.09.2013 had been stayed, therefore, the Division Bench remitted the matter to the learned Single Judge for fresh decision in light of the observations made in the order. Insofar as the appointment of Class-IV in the petitioner's institution is concerned, after considering the decision of this Court above, I am of the view that once the Regulations framed under the Uttar Pradesh Intermediate Education Act, 1921 being statutory in nature has permitted to make an appointment in accordance with procedure prescribed therein, the said provision cannot be made redundant merely by issuing a government order. Therefore, at this stage, I feel it appropriate to issue direction to the respondent no.3 to reconsider the petitioner's matter of approval of appointment in light of observations made above within two months from the date of communication of this order. It is clarified that in reconsideration of the matter, the decision taken by the District Inspector of Schools, which has been brought on record, shall not be come in the way. With the aforesaid directions, the writ petition stands disposed of finally.