- (1.) BHARATI Sapru, J. Heard learned Counsel for the petitioner and the learned Standing Counsel.
(2.) THE petitioner has filed present writ petition against an order passed by the District Inspector of Schools dated 9-11- 2004, by which he has refused to grant approval to the appointment of the petitioner. The impugned order dated 9-11-2004 contains only one reason for not granting approval that the petitioner is nephew of the principal. The institution in question is minority institution and appointments of teachers are to be made under Section 16 (FF) of the U. P. Intermediate Education Act, 1921. The above provision provides that any person who is to be appointed as teacher must possess requisite qualifications.
(3.) THE impugned order dated 9-11-2004 does not say that the petitioner does not have the requisite qualification but merely refuses to grant approval on the ground of relationship. THEre is no bar under the provisions of Section 16 (FF) of the Act with regard to any kind of relationship existing between the persons already working and persons to be selected. The only requirement under the above section is that persons must be duly qualified. The impugned order of the District Inspector of Schools dated 9-11-2004 on the face of it is bad. The District Inspector of Schools has failed to examine the question whether the petitioner is qualified or not and possesses the requisite qualifications under Section 16 (FF) of the Act. The reasons given in the impugned order have nothing to do with the requirement of Section 16 (FF ). The impugned order is, therefore, arbitrary and is set aside by this Court. The matter is remanded to the District Inspector of Schools for proper consideration to see whether the petitioner is duly qualified under the provisions of Section 16 (FF) of the Act and whether he can be given benefit of Section 16 (FF ).;