- (1.) THIS writ petition has been filed seeking a writ of certiorari for quashing the order dated 19.5.2005 passed by the District Inspector of Schools, Mainpuri refusing financial approval to the appointment of the petitioners on class -IV posts in the Government Girls Inter College, Mainpuri.
(2.) THE facts of the case relevant for deciding the controversy in the instant writ petition are as follows.
(3.) TWO posts of Chaukidar fell vacant in the Government Girls Inter College, Mainpuri. The first, vacancy arose on the retirement of the incumbent while the second, came into existence as the incumbent was transferred to another institution. The aforesaid vacancies were advertised by the Principal -respondent no. 2. The first advertisement was published in the Daily Dainik Jantantra on 25.3.2001. The advertisement was also published in Danik Sach Kya Hain. As per the advertisements, one post was reserved for the Scheduled Cases candidate and one for OBC candidate and the last date for making an application was 7.4.2001. It is further alleged that the appointments were made in accordance with Section 19 of 'Group D' Employees Service (U.P.) Rules, 1985. The Selection Committee was duly constituted which selected the petitioners on 8.4.2001. Appointment letters were thereafter issued and the petitioners joined their duties on 11.4.2001. The papers were forwarded by the principal to the District Inspector of Schools for grant of financial approval. However when no approval was forthcoming the petitioners approached the District Inspector of Schools personally on 7.1.2002 and then they came to know that an order had been passed on 2.6.2001 whereby the appointments had been cancelled by the District Inspector of Schools on the ground i.there was a ban on appointments in operation on the relevant date. ii.the posts in question had to be filled by the transfer and not by direct recruitment iii.the appointments were surreptitiously made and no prior permission for the same had been obtained. iv.The procedure prescribed under law for making such an appointment was not followed, v.the appointments were vitiated by fraud as there was cutting and over writing in the attendance register evidencing performance of their duties by the petitioners. Aggrieved by the order dated 2.6.2001 aforementioned, the petitioners filed writ petition no. 10009 of 2002 wherein an interim order was granted staying the operating of the order impugned. It is further alleged that despite the interim order aforesaid the petitioners were not paid their salary forcing them to file writ petition no. 4530 of 2003. This writ petition was allowed by the order dated 24.11.2004. A copy of the said order is on record. This order of the High Court disposed of both the pending writ petitions, namely, writ petition no. 10009 of 2002 as also writ petition no. 4530 of 2003: the order dated 2.6.2001 passed by the District Inspector of Schools was quashed and the matter was remanded back by decision afresh after hearing the petitioners and the Principal of the institution by a reasoned and speaking order.;