- (1.) Heard Shri I.R. Singh, learned counsel appearing for the petitioner and learned Standing Counsel. This writ petition has been filed interalia seeking the following reliefs: I.Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 14.01.2011, passed by the respondent no.1, District Inspector of Schools, Fatehpur (Annexure No.9) II.Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay salary to the petitioner for the post of peon along with arrears within fortnight from the command of this Hon'ble Court.
(2.) It has been contended that Ashok Inter College, Shakha, District Fatehpur (hereinafter referred to as the Intermediate College) is an institution duly recognized and aided under the Intermediate Education Act, 1921. It is further stated that the Principal of the institution vide letter dated 15.01.2009 sought approval from the District Inspector of Schools, Fatehpur to fill up the two existing vacancies of Class-IV employees of the Institution. The District Inspector of Schools, Fatehpur vide order dated 16.1.2009 granted the said approval for filling up two vacancies, one in the General Category and the other under the Other Backward Class (O.B.C.). It is further stated that the aforementioned vacancies were advertised in two leading newspapers 'Rastriya Sahara' and 'Aaj' on 18.01.2009 and fixed a date for interview directing all the eligible candidates to appear. The advertisement which is annexed as Annexure-II to the writ petition prescribes age limit between 18 years to 35 years. The petitioner belongs to the General Category was one amongst other candidates who had applied and appeared before the Selection Committee on 3.2.2009. The Principal of the institution submitted all the requisite papers pertaining to the selection and appointment of the petitioner on the post of peon to the District Inspector of Schools, Fatehpur and had permitted the petitioner to join the Institution. The petitioner claims that since then, he has been working on the said post. The District Inspector of Schools, Fatehpur kept the matter pending and failed to pass any appropriate order approving or disapproving the selection of the petitioner. The petitioner alongwith the other selected candidate, filed Civil Misc. Writ Petition No.57151 of 2010 (Dileep Singh and another v. State of U.P. And others) which was finally disposed of by the Hon'ble Court on 17.9.2010. The orders passed by the Court is as follows: "Heard learned counsel for the parties. It is stated that after the permission was granted by the District Inspector of Schools to fill in the vacancy on the class IV post in the institution, same was advertised in two newspapers namely, "Aaj" and 'Rashtriya Sahara' dated 18.01.2009. Thereafter the petitioners have been selected and offered appointment. The papers qua the appointment of petitioners were forwarded to the District Inspector of Schools for necessary financial approval, who has not passed any order thereon till date. Hence this petition. I am of the considered opinion that the grievance of the petitioners can be more appropriately examined by the District Inspector of Schools at the first instance. In view of the aforesaid, writ petition is disposed of with liberty to the petitioners to make representation ventilating all his grievances before the District Inspector of Schools concerned within two weeks from today along with certified copy of this order. On such representation being made, the District Inspector of Schools shall consider and decide the same strictly in accordance with Regulations 101 to 107, Chapter II of the Regulations framed under the Intermediate Education Act and also keeping in view the judgment of this Court in writ petition No.42647 of 2010, Committee of Management, Moradabad Inter College, Moaradabad Versus Regional Level Committee, Moradabad and others. He shall pass a reasoned and speaking order, preferably within next four months."
(3.) In pursuance of the aforementioned order, the District Inspector of Schools, Fatehpur passed an order dated 14.01.2011 rejecting the claim of the petitioner and refused to grant financial approval. The District Inspector of School rejected the approval on the ground that five years relaxation of age was not given to candidates belonging to the reserved category. The present writ petition has been filed challenging the order dated 14.01.2011 as well as seeking salary from the date of initial appointment.;