ARUN TANDON,J. - (1.) PETITIONER before this Court is the Committee of Management of Seth Basudeo Sahai Inter College, Kannauj. The Committee of Management is aggrieved by the order of the District Inspector of Schools, Kannauj dated 05.08.2011.
(2.) RESPONDENT no. 4 was recommended for appointment in the petitioner's institution on compassionate ground under an order dated 09.12.2010. Since the direction so issued was not being complied with, the District Inspector of Schools, after issuing two notices to the Committee of Management, himself proceeded to the institution to ensure the joining of the candidate so recommended and has further issued order dated 05.08.2011 to the Principal of the institution to ensure that the appointed candidate is permitted to work and to sign the attendance register and that there should be no interference in that regard. Hence this petition. The order of the District Inspector of Schools dated 09.12.2010, appointing the respondent no. 4 in the petitioner's institution on compassionate ground, is not under challenge in this petition. It is, therefore, clear that only the consequential action, which is being taken, is under challenge.
(3.) THE Hon'ble Supreme Court of India in the case of Government of Maharastra v. Deokar's Distillery, reported in (2003) SCC 669, Barkat Ali v. Badri Narain, reported in AIR 2008 SC 1272 and P. Chithranja Menon v. A. Balakrishnan, reported in AIR 1977 SC 1720 has held that if the basic order is not under challenge, consequential order cannot be subjected to challenge. For this ground alone the writ petition is liable to be dismissed.;