- (1.) HEARD learned counsel for the petitioner and the learned Standing Counsel for the State -respondents.
(2.) THE petitioner who is a Principal of an Intermediate College which is said to be recognized and aided institution has been requesting the District Inspector of Schools, Bulandshahar for last several years to fill -up the vacant Class IV posts in the institution. According to the learned counsel for the petitioner earlier permission was granted to fill -up the vacancy. However, after selection it was not approved as according to the District Inspector of Schools the post was reserved for Scheduled Caste candidate only. The matter remained pending and ultimately the petitioner was compelled to file writ petition in which direction was issued to the District Inspector of Schools to pass appropriate orders on the pending request of the petitioner to fill -up the post. When the direction was not complied with, contempt petition was filed which was disposed of. Again direction was not complied with when the petitioner preferred another contempt application in which conditional order was passed on 13th January, 2014. After service of notice the District Inspector of Schools, Bullandshahar passed an order dated 13th February, 2014 whereby he has rejected the request of the petitioner on the ground that the Regulation 101 of the Regulations framed under the U.P. Intermediate Act, 1921 have since been amended and now the provision has been made by the Government order dated 4.09.2013 providing to fill -up Class IV posts by way of out sourcing only.
(3.) LEARNED counsel for the petitioner has submitted that the Government order dated 04.09.2013 has already been stayed by this Court vide order dated 18th December, 2013 passed in Writ Petition No.62544 of 2013 and further this Court has provided that selection process to fill -up the Class IV be continued with a rider that any appointment made shall be subject to final out come of the writ petition. The matter requires consideration.;