S.Rafat Alam, J. - (1.) By this petition under Article 226 of the Constitution of India the petitioner has come up for quashing of the order of the District Inspector of Schools, Kushinagar dated 10th May, 1999 refusing to give financial approval for the appointment of the petitioner against short term vacancy, in view of the ban imposed by the State Government in the matter of appointment.
(2.) Heard learned Counsel for the petitioner and the learned Standing Counsel for the respondents.
(3.) It appears that Mahatma Gandhi Intermediate College, Sakhwania in the District Kushinagar is a recognised aided institution and, therefore, governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Payment of Salaries Act, 1978. It also appears that one Shri Brahma Singh who was working as Lecturer in L.T. Grade retired on 30th June, 1993. Therefore, the Committee of Management sent requisition to the District Inspector of Schools for regular appointment. However, when no regular appointment was made, one Shri Rama Shanker Mani Tripathi senior most Teacher in the institution was given ad hoc appointment against the aforesaid post of Lecturer as a result of which a short term vacancy occurred on the post of Assistant Teacher in L.T. Grade. Since no Teacher in the institution was available who could have been promoted against the short-term vacancy in L.T. Grade, the Committee of Management resolved to make direct appointment for a short term. Pursuant to the advertisement the petitioner along with others applied. The Selection Committee on the basis of the record and quality point marks selected the petitioner against the said short-term vacancy. The comparative chart of quality point marks obtained by the petitioner and other candidates along with relevant papers were forwarded to the District Inspector of Schools for according approval vide letter dated 14.12.1994. However, despite repeated requests made by the Committee of Management, the District Inspector of Schools did not pass any order either according or rejecting financial approval for the appointment of the petitioner. Thereafter by the impugned order dated 10th May, 1999 the District Inspector of Schools after lapse of about five years rejected the request of the Committee of Management for grant of financial approval on the solitary ground that there was a ban in the matter of appointment and therefore, financial approval cannot be given.;