VINAY KUMAR SHARMA Vs. DISTRICT INSPECTOR OF SCHOOLS FIROZABAD
LAWS(ALL)-2014-3-392
HIGH COURT OF ALLAHABAD
Decided on March 21,2014

VINAY KUMAR SHARMA Appellant
VERSUS
District Inspector Of Schools Firozabad Respondents

JUDGEMENT

- (1.) THESE are several connected appeal against the same judgment of the learned Single Judge. Facts, issues and the point are the same, and therefore, all of them are being decided by the common judgment, as agreed/requested from both sides.
(2.) HEARD Sri Anil Bhushan, learned Advocate in support of this appeal and learned Standing Counsel. There is an intermediate college namely Islamia Intermediate College, Firozabad which is a minority institution recognised under the provisions of U.P. Intermediate Education Act, 1921 and U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.
(3.) THERE was a long drawn management dispute. An authorised controller was appointed and under the directions of the High Court, Committee of Management was constituted. The elected committee of management sought permission from the District Inspector of Schools for making appointment on the vacant posts and it is said that on 30.6.1998 required permission was granted. Selection proceedings were started and they were all completed. District Inspector of Schools by order dated 31.7.2001 refused to grant approval mainly on two grounds, firstly the college is not a minority institution and secondly the posts are dead and no permission for revival of the post was taken. Writ petition was filed by the committee of management i.e. Writ Petition No. 31946 of 2001 which was allowed on 1.8.2002 and District Inspector of Schools was asked to consider the matter again. On fresh consideration again District Inspector of Schools dis -approved the selection by order dated 7.12.2002 against which present writ petitions were filed which came to be dismissed on 7.5.2004. To challenge the judgment of the learned Single Judge, these appeals, as note above.;


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