V.K. Shukla, J. - (1.) IN the present case selection process for selection was undertaken and thereafter papers have been transmitted to the District Inspector of Schools, Azamgarh, District Inspector of Schools, Azamgarh in its turn on 10.11.08 has proceeded to return back the papers by contending that in the present case without taking any permission before proceeding to fill up the vacancy, appointment had been made. Issue sought to be raised in the present writ petition in respect of this very institution has already been answered by this Court on 28th May, 2009 in following terms: In both the writ petitions request has been made for quashing of the order 04.05.2009 passed by District Inspector of Schools Azamgarh disapproving the selection of the petitioners. Record in question reflects that after selection has been made entire papers have been transmitted to the District Inspector of Schools, Azamgarh for the purposes of according approval as envisaged under Regulations 101 to 107 of Chapter III of U.P. Act No. II of 1921. District Inspector of Schools, Azamgarh on 04.05.2009 has proceeded to pass order mentioning therein that as per Regulation 101 of Chapter III of U.P. Act No. II of 1921 no post can be filled up without taking prior permission from District Inspector of Schools and in the present case no prior permission has been taken. This has also been mentioned that strength of students is zero, as such approval cannot be accorded. Division Bench of this Court in the case of Jagdish Singh v. State of U.P. and Ors. reported in, 2006 (4) ADJ 162 has clearly held Regulation 101 to be mandatory by providing that no appointment letter can be issued in favour of incumbent unless or until prior approval is accorded by the District Inspector of Schools. Said Division Bench has also made it clear that previous approval under Regulation 101 is not required to be taken before proceeding to fill up the vacancy, but there is no such prohibition in the Principal/Manager to seek permission from the District Inspector of School for filling up the vacancy by way of direct recruitment. Thus, taking prior permission before making advertisement and undertaking selection process of Class III post is directory in nature and it is left upon the discretion of School authorities. After selection process is over, appointment letter cannot be issued unless and until prior approval has been accorded under Regulation 101. Thus, as far as prior approval is concerned it has been held that prior approval is mandatory and without taking prior approval no appointment letter can be issued. Here in the present case admitted position is that appointment letter has been issued but therein condition has been mentioned that same would be effective qua salary after approval is accorded. Consequently in the facts of the present District Inspector of Schools is directed to re examine the matter in the light of the Division Bench Judgment in the case of Jagdish Singh (supra) within period two months and shall also provide opportunity to the management qua the question of strength of students being zero. Needless to say that earlier decision shall abide by fresh decision which would be taken by aforesaid authority. With the above observations and direction both writ petitions are disposed of.
(2.) CONSEQUENTLY , in the facts of the present case also District Inspector of Schools, Azamgarh is directed to re -examine the matter in the light of the Division Bench Judgment in the case of Jagdish Singh (Supra) within period of two months from the date of production of certified copy of the order passed by this Court. Earlier decision so taken shall abide by fresh orders passed by this Court. Writ petition is disposed of.
(3.) NO order as to cost.;