D.P.Singh, J. - (1.) Heard counsel for the parties.
(2.) This petition is directed against an order dated 19.4.2002 rejecting the claim of the petitioner for grant of financial approval to his appointment as Assistant Teacher.
(3.) Guru Narain Khatri Inter College, Kanpur Nagar, Kanpur is a duly recognized and aided intermediate college (here-in-after referred to as institution) . One Ram Asrey Awasthi permanent Lecturer in Hindi retired causing substantial vacancy which was filled up by adhoc promotion of Ram Kripal Mishra, a Assistant Teacher in the LT Grade. The aforesaid adhoc promotion of Ram Kripal Mishra was approved by the District Inspector of Schools on 1.2.1996, thus, creating a short term vacancy in the L.T. Grade on the post of Assistant Teacher. The Management advertised the said adhoc vacancy in 'Amar Ujala' on 26.12.1996 and 'Pioneer' on 27.12.1996. Several persons, including the petitioner, who holds Master of Art Degree in Hindi and is Bachelor of Education, also applied and he was selected on the basis of quality point whereafter the entire papers relating to his selection were submitted to the District Inspector of Schools for his financial approval through the management's letter dated 21.1.1997. However, no orders were passed by the District Inspector of Schools, thus, an appointment letter dated 3.2.1997 was issued to the petitioner in pursuance of which he joined on 4.2.1997 and started teaching. As the District Inspector of Schools did not pass any order and salary was not being paid to the petitioner, he preferred writ petition No. 39636 of 1997 which was finally disposed off vide order dated 18.11.1997 with a direction to the District Inspector of Schools to decide the claim of the petitioner in accordance to. law by a speaking order. In pursuance thereof, the present impugned order has been passed.;