- (1.) This special appeal by Basic Shiksha Adhikari, Ambedkar Nagar, assails the order passed by the learned Single Judge dated 1.9.2010, by means of which the order passed by the Basic Shiksha Adhikari rejecting approval to the appointment of the respondent Paras Nath Gupta on the post of Head Master has been stayed and a direction has been issued for payment of current salary regularly. The order further clarifies that passing of the said order will not confer any right to the respondent to be appointed on the post and that the Court has not adjudicated upon the legality of the upgradation and continuance of the post. In short, the facts of the case are that Jai Ram Janta Junior High School, Ram Nagar, District Ambedkar Nagar (hereinafter referred to as the institution) is a recognised institution, which was upto Junior High School but was upgraded in the year 2002 upto High School and came to be known as Jai Ram Janta Uchchattar Madhyamik Vidyalaya, Ram Nagar, District Ambedkar Nagar.
(2.) The dispute is regarding appointment of respondent on the post of Head Master of the Uchchattar, Madhyamik Vidyalaya. It is said that the post of Head Master fell vacant in the institution on superannuation of the erstwhile incumbent Ram Prakash Yadav on 30.6.2009. The Committee of Management of the institution decided to fill up the vacant post of Head Master of the institution in the interest of the students. The Committee of Management of the school duly informed and communicated me vacancy to the Basic Shiksha Adhikari, District Ambedkar Nagar and sought permission for appointment, who in turn, sent a letter dated 2.9.2009 to the Director (Basic), who returned the file to the Basic Shiksha Adhikari to take a decision as per rules vide letter dated 6.10.2009. The Basic Shiksha Adhikari accorded permission to fill up the post of Head Master vide letter dated 11.12.2009. A nominee was also appointed by the Basic Shiksha Adhikari and a Selection Committee was duly constituted for making the selection. In this selection, the respondent was selected and was recommended for being appointed as Head Master. The manager of the institution sent the necessary papers to the Basic Shiksha Adhikari for approval on 11.1.2010, which was duly received in the office of the Basic Shiksha Adhikari on 4.2.2010.
(3.) On 5.3.2010, order of appointment was issued by the Manager of the institution on the basis of deemed approval (as is the case of the respondent) and on 8.3.2010 the respondent joined as the Head Master of the school.;