Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THIS writ petition arises out of an order dated 29.9.2001 passed by the Regional Higher Education Officer, Kanpur Nagar. By the aforesaid impugned order the approval to the appointment of the petitioner as Class IV employee (Book Lifter) in the Laxmi Yadunandan Degree College, Kayamganj, Farrukhabad has been refused. The Laxmi Yadunandan Degree College, Kayamganj, Farrukhabad is a non-Government Aided Degree College, affiliated and is governed by First Statute of Kanpur University, U.P. State Universities Act, 1973 and the Government orders issued from time to time.
(3.) AS per the first statute of University of Kanpur an appointment for the post of Class IV in a college, is to be made by the Principal of the College. After making selection, the Principal of the college is required to take approval of the selection so made from the Director of Higher Education or an officer authorised by him. After verifying and satisfying the facts that all the formalities of selection have been complied by the Principal in fair manner and rules relating to reservation have been followed, order of approval or disapproval is communicated. The provisions of Statutes 21.02 and 21.03 are as follows : "21.02. (1) Subject to the provisions of these Statutes the appointment to the posts referred to in Statute 21.03 shall be made by the Management of the College and appointment to the posts of Class IV employees shall be made by the Principal. (2) The appointment authority referred to in clause (1) shall have the power to take disciplinary action and award punishment against the class of employee of which he is appointing authority. (3) Every decision of the appointing authority referred to in clause (2) shall, before it is commu-nicated to the employee, be reported to the District Inspector of Schools and shall not take effect unless it has been approved by him in writing : Provided that nothing in this clause shall apply to any termination of service on the expiry of the period for which the employee was appointed : Provided further that nothing in this clause shall apply to an order of suspension pending inquiry, but any such order may be stayed, revoked or modified by the District Inspector of Schools. (4) An appeal against the order referred to in clauses (2) and (3) shall lie to the Regional Dy. Director of Education. 21.03. (1) Appointment to the post of Librarian, Deputy Librarian, Physical Education Instructor, Pharmacist, Routine Grade Clerk or any other post either in the pay scale of, or in pay scale higher than that of, Routine Clerk other than the posts mentioned in clause (2) or clause (3) shall be made by direct recruitment on the recommen-dation of Selection Committee in the manner provided in clause (6) after advertisement of the vacancy in the newspaper : Provided that the post of Librarian shall be filled by promotion from the post of Deputy Librarian if the incumbent of the latter post possesses the prescribed minimum qualifications for the post of Librarian ; (2) Appointment to the post of Head Clerk-cum-Accountant, Head Clerk, office superintendent and bursar shall be made by promotion according to seniority subject to suitability and fitness from amongst the existing employees having required qualification and appointment to the posts of Head Clerk-cum-Accountant, Head Clerk, Officer superintendent and bursar may be made by direct recruitment on the basis of selection after advertisement of the vacancy in newspapers. (3) Appointment of employees shall be subject to the approval of the Director of Education (Higher Education), or an officer authorised by him in this behalf. If the approving authority does not within two months from receiving the proposal intimate its disapproval or does not sent in respect of such proposal, any intimation. To the appointing authority the approving authority shall be deemed to have approved the appointment. (4) (a) The selection committee for appointment to the post of Librarian, Deputy Librarian or Physical Training Instructor, Deputy Librarian or Physical Training Instructor shall consists of : (i) the head of the management or a member of the management nominated by him, who shall be the chairman ; (ii) the Principal of the College ; (iii) one officer to be nominated by the Director of Education (Higher Education). (b) The selection committee for the appointment to the remaining posts referred to in clause (1) or clause (3) either by direct recruitment or by promotion shall consist of :" A perusal of the statutes aforesaid, shows, that once selection process is completed and papers are sent for approval, it is for the Regional Higher Education Officer, respondent No. 2 to pass appropriate order within two months time.;