V.M.Sahai, J. - (1.) The short question that arises for consideration is whether the mandatory provision of Regulation 101 of Chapter III of the Regulations framed under the U. P. Intermediate Education Act, 1921 (in brief Regulations) applies to a minority institution?
(2.) Aiysha Rasheed Girls Higher Secondary School, Deoria is an aided and recognised institution (in brief institution). It has also been recognised as a minority institution. Two Class-IV employees working in the institution retired. Abdul Ghani retired on 31.7.2000 and Smt. Sayra retired on 31.8.2000. Before the retirement of these Class-IV employees, the officiating principal on 15.7.2000 and 7.8.2000 informed the District Inspector of Schools. Deoria (in brief D.I.O.S.) that permission be granted to fill the posts after retirement of these employees. No order was passed by the D.I.O.S.. The principal advertised both the vacancies on 7.8.2000 in the newspaper 'Nirmal Swar'. The petitioners were selected on 2.9,2000. The principal issued appointment letters to them on 4.9.2000. They joined on 5.9.2000. The principal forwarded the papers on 5.9.2000 to the D.I.O.S. for grant of financial approval. The D.I.O.S. by order dated 10.10.2000 refused to grant financial approval on the ground that in-charge principal could not make appointments and vacancies were not advertised in two newspapers having wide circulation in the State. And the Joint Director of Education, Gorakhpur had passed an order on 14.12.1999, that no appointments be approved till the conclusion of inquiry held by him with regard to serious irregularities in the institution. The petitioners have challenged the order passed by the District Inspector of Schools on 10.10.2000 by means of this petition.
(3.) Sri A. K. Ansari the learned counsel for the petitioners has urged that the institution is a minority institution. Regulation 101 and other provisions contained in the Regulations are not applicable to minority institutions, therefore, the appointing authority was not required to obtain any prior approval of the D.I.O.S. before making appointment of the petitioners on the Class-IV posts. He further urged that none of the grounds mentioned in the impugned order were in existence, therefore, approval could not be refused by the D.I.O.S.. He urged that the Full Bench decision in J. K. Kalra v. Regional Inspectors of Girls School, Meerut and others, 1996 (3) UPLBEC 1691, was with regard to termination of a teacher. And it would not apply to non-teaching staff. He urged that Regulation 101 would not apply to a minority institution as it confers unguided power on the D.I.O.S. to grant or refuse permission to the appointing authority to fill the non-teaching post. He lastly urged that the provisions of U. P. Intermediate Education Act (in brief Act) and Regulations framed under the Act (in brief Regulations) would not apply in matters of recruitment as there is no provision either in the Act or Regulations which provide the mode and the manner of direct recruitment.;