Piyush Agrawal - (1.) Heard Shri Indra Raj Singh, learned counsel for the petitioner and Shri Alok Dwivedi, learned counsel for the respondent no. 4 and perused the material available on record.
(2.) By means of the present writ petition, the petitioner has challenged the order dated 01.06.2016 passed by the District Inspector of Schools, Azamgarh rejecting the approval of the appointment of the petitioner on the post of Assistant Clerk in the Institution of the respondent no. 4.
(3.) The brief facts of the case are that in the Institution, namely, Shri Shanker Ji Inter College, Katwa Gahji, Azamgarh, there are three sanctioned posts of Class - III employees. One of the posts, which is vacant, is to be filled up by way of direct recruitment. The Committee of Management of the Institution advertised the said post, i.e., Assistant Clerk, by way of direct recruitment, in pursuance of which, the petitioner was selected by the duly constituted selection committee. The petitioner's name was sent for approval for the purpose of appointment to the District Inspector of School, which has been rejected by the impugned order holding that the procedure as prescribed under the Statute/Regulations has not been followed and further, the appointment cannot be made on account of the fact that the Principal of the Institution is the maternal uncle (Mama) of the petitioner and therefore, the petitioner is dis-qualified for the appointment in view of the rule 12(2)(ix) of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group 'D' Employees) Rules, 1984 (hereinafter referred to as, 'the Rules of 1984).;