- (1.) The petitioner claims that he is entitled for being appointed as a class IV employee in Agrasen Mahajnai Inter College, Chaukhambha, Varanasi which has wrongly been disapproved by the District Inspector of Schools, Varanasi vide order dated 29.6.2007. The contention raised is that the ground of disapproval that the petitioner had attained the age of 40 years at the time of appointment cannot be pressed into service as the institution is governed by the provisions of U.P. Intermediate Education Act and the Regulations framed thereunder where no such upper age limit is provided. Shri M.M. Sahai, learned Counsel for the petitioners contends that there is no maximum age limit in the regulations and therefore the disapproval order is erroneous.
(2.) The learned Standing Counsel, on the other hand, contends that the impugned order is founded on cogent reasons, inasmuch as in view of the Government Order dated 11th May, 2001 and the Circular of the Director of Education dated 1st June, 2001. The upper age limit for class-IV employee in educational institutions would be the same as provided that such class IV employee in Government service governed by the provisions of the U.P. Direct Recruitment to Group "D' Posts Rules, 1985. The circular dated 1.6.2001 is quoted below:
(3.) The Government Order dated 11th May, 2001 has been considered in the judgment of a learned Single Judge dated 7.8.2009 in Civil Misc. Writ Petition No. 39969 of 2009, Principal Adarsh Inter College, Umari, Bijnor v. State of U.P. and others which supports the stand of the State.;