A.P.Sahi, J. - (1.) THE petitioner has come up questioning the order dated 3.9.2008 passed by the District Inspector of Schools, Gorakhpur, withdrawing the approval granted to the petitioner on 12.1.2007 against his appointment as a class- IV employee in J.P. Inter College,Campierganj,Gorakhpur.
(2.) THE background of the case is that the Principal of the institution proceeded to advertise 2 posts of class- IV in the institution out of which One post was of Daftari. THE advertisement indicated the said post as class- IV vacancies. THE documents were submitted after selection and the District Inspector of Schools granted approval to the same vide order dated 12.1.2007. THE petitioner along with one Arvind Kumar Dubey was appointed against the said 2 posts. Subsequently, some direction was issued by the Joint Director of Education upon which the District Inspector of Schools vide order dated 3.9.2008 has proceeded to cancel the approval only in respect of the petitioner on the ground that certain facts had been concealed at the time of grant of approval in January 2007. The said order according to the petitioner has been passed without giving any notice or opportunity to the petitioner. The writ petition was entertained and this Court vide order dated 14.11.2008 called upon the learned Standing Counsel to file a counter-affidavit giving specific reasons as to what was the material concealment which had impelled the District Inspector of Schools to cancel the approval order of the petitioner.
(3.) A counter-affidavit has been filed on behalf of the respondent and in all the paragraphs repeatedly it has been stated that the Principal advertised the post of Daftari as a class- IV post which according to the inference drawn by the respondents ought to have been treated separately. The counter-affidavit further indicates that the approval order contained a recital that in case any fact is found to have been concealed then the approval order was liable to be cancelled. It is on this ground that the impugned order has been passed.;