PRAFULLA C.PANT, J. - (1.) IN the two petitions, common questions of law and facts are involved; as such these are being disposed of by this common judgment.
(2.) BRIEF facts of the case are that Dwarahat Inter College, Dwarahat, District Almora (hereinafter for short the College) is a minority Educational Institution aided by the State Government. The U.P. Intermediate Education Act, 1921 and Rules framed there under are applicable to the said Institution. The Manager of the College invited applications for the post of lecturer in Chemistry through advertisement in newspaper [copy of which is annexed as Annexure-1 to Writ Petition No. 155(S/S) of 2004]. Candidates including the petitioners of both the writ petitions mentioned above, applied for the post in response to the advertisement and were called for interview by the Manager of the College. The Selection Committee interviewed the candidates including Sri Rajendra Singh and Sri Amit Joseph on 26.9.2003. Sri Rajendra Singh's case is this that he secured higher marks i.e. 230 as against 206 secured by Sri Amit Joseph, second position holder. However, the Manager of the College sent name of Sri Amit Joshep to District Education Officer, Almora for approval for his appointment on the post of lecturer in Chemistry. Therefore, Sri Rajendra Singh has filed Writ Petition No. 155 (S/S) of 2004 and sought a mandamus directing the Manager of the College to send his name for approval to the District Education Officer and has further sought direction for his appointment on the post of lecturer in Chemistry in the College. On the other hand, Sri Amit Joseph in the Writ Petition No. 207 (S/S) of 2004 has sought writ in the nature of mandamus directing the Management and the District Education Officer, Almora to pay him the salary for the post of lecturer in Chemistry with the averments that he was duly selected on the post and has joined his duties on 3.2.2004 in the College. On behalf of the District Education Officer, Almora counter affidavit has been filed in both the writ petitions in which it has been stated that the approval for appointment has not been given to the Management of the College for they have ignored the claim of the candidate, who secured higher marks. The District Education Officer has asserted that he has put objection on the pay bill of Sri Amit Joseph as his appointment is allegedly against the provisions of the U.P. Intermediate Education Act, 1921. In the supplementary counter affidavit filed on behalf of the District Education Officer, it is stated that disapproval has been intimated to the Management vide letter dated 10.2.2044 relating to the impugned appointment.
(3.) THE Manager of the College has filed its counter affidavit in both the writ petitions stating that due to some clerical mistake incorrect marks (i.e. 206) were shown against the name of Sri Amit Joseph who actually had secured 236 marks, as against 230 secured by Sri Rajendra Singh. The District Education Officer when raised objection in this regard, he was immediately informed about the mistake and the correct statement as to marks obtained by the candidates was communicated to him. However, the District Education Officer failed to approve or disapprove the appointment within a period of 30 days required under Regulation 17(g) contained in Chapter II of Rules framed under the U.P. Intermediate Education Act. 1921, and the approval is deemed to have been given under said Clause, as such the appointment of Sri Amit Joseph on the post of lecturer in Chemistry is stated to be in accordance with the rules and law. Clarifying the mistake, the Manager of the College in his counter affidavit has stated that in the selection report sent to the District Education Officer by one of the Member of the Selection Committee marks awarded to Amit Joseph were shown to be 68 while actually it was 98 given by said Member. As such the mistake percolated in the impugned total i.e. 206.;