G.C. Mathur, J. - (1.) Respondent no. 2 was selected by the selection committee of the Shanker Anglo Vedic Intermediate College Bharthana, for the post of Principal of the College. Under sub-section (2) of Section 16-F of the Intermediate Education Act, the selection committee sent the papers to the Regional Deputy Director of Education, IV Region, Allahabad, for his approval of appointment. These papers were sent on March 3, 1967. On March 4, 1967, the Regional Deputy Director asked for some more papers. These papers were sent and all relevant papers were received by him on March 23, 1967. The Deputy Director by his order dated May 29, 1967 disapproved the selection of respondent no. 2. Against this order of disapproval, the managing committee of the college made a representation but the same was rejected. Thereupon they filed a writ petition in this Court. The Writ Petition has been allowed by ]the learned single Judge on the ground that since the decision had not been given by the Deputy Director within two weeks it must be deemed that approval had been accorded and the disapproval given after the expiry of two weeks was, therefore, of no consequence. The learned single Judge quashed the order of the Regional Deputy Director of Education as well as the order on the petitioner's representation. Against the judgment of the learned single Judge this appeal has been filed.
(2.) The last sentence of sub-section (2) of Section 16-F reads thus: "The Inspector or Regional Deputy Director of Education, as the case may be, shall give his decision within two weeks of the receipt of the relevant papers, falling which approval should be deemed to have been accorded." In the present case, all relevant papers had been received by the Deputy Director of Education on March 23, 1967. The only contention before the learned single Judge was that by the letter dated March 29, 1967, the Regional Deputy Director had informed the college that certain enquiries were being made and that decision would be given after these enquiries were completed. It was urged that this letter itself amounted to disapproval. The learned single Judge, in our opinion, has rightly held that withholding of the decision cannot amount to giving a decision disapproving of the selection. The language of the provision quoted above is mandatory and if the disapproval is not given within two weeks of the receipt of the relevant papers, then it is to be presumed that approval has been given.
(3.) In our opinion the learned single Judge was right in allowing the writ petition. There are no merits in the appeal. It is accordingly dismissed with costs. Appeal dismissed.;