- (1.) This special appeal is from a judgment and order of the learned Single Judge dated 31 August 2015, dismissing a writ petition filed by the appellant under Article 226 of the Constitution.
(2.) The dispute in the present case relates to the filling up of a Class-IV post in a recognized Intermediate Institution called Sri Ram Ratan Gupta Balika Inter College, Kanpur Dehat. It has been stated in the writ petition that on 1 October 2014, a Class IV employee who was working on a sanctioned post died. Following this, a communication was addressed by the Principal of the Intermediate College to the District Inspector of Schools, Kanpur Dehat for permission to fill up the post. Apparently, no action was thereafter taken by the District Inspector of Schools. The Principal advertised the post. A selection committee was constituted and the papers of the selection proceedings were sent to the District Inspector of Schools. The District Inspector of Schools, by an order dated 18 April 2015, declined to grant his approval to the proposed appointment of the appellant which led to the filing of a writ petition. In the writ petition, the order of the District Inspector of Schools dated 18 April 2015 was sought to be challenged and an approval was sought to the selection of the appellant.
(3.) Basically, in the order dated 18 April 2015, three grounds were adduced by the District Inspector of Schools for declining to grant approval, these being: "(a) That vide Government Order dated 06.01.2011 a ban had been imposed on recruitment of Class IV employees in aided secondary institution; (b) That vide Government Order dated 04.09.2013 Class IV employees could be engaged only by way of outsourcing; and (c) That vide letter of Secretary to the Chief Minister dated 15.03.2012 appointments on all post had been banned.";