Pradeep Kumar Singh Baghel, J. - (1.) This writ petition is directed against the order passed by the District Inspector of Schools, Allahabad, the second respondent, dated 27th May, 2017, whereby he has rejected the representation of the petitioners for approval to the appointment of a Clerk in the institution.
(2.) The essential facts of the case are that Standard Intermediate College, Mau Aima, Allahabad (Institution) is a recognised and aided institution. It has also been declared as a minority institution. The institution is run and conducted by the Committee of Management, the petitioner no. 2. The affairs of the institution are governed under the provisions of the Intermediate Education Act, 1921 (Act, 1921) , Regulations framed thereunder and the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (Act, 1978). Earlier the institution was a Junior High School. It was later raised to High School and then Intermediate level. However, it receives financial aid only upto the level of Junior High School.
(3.) The dispute arose when a post of Clerk in the institution fell vacant due to retirement of the permanent incumbent Sri Vishambhar Nath Mishra on 01st January, 2016. The said post is a sanctioned post and the salary was drawn by the regular incumbent from the salary payment account. The Committee of Management of the institution on 01st February, 2016 informed the District Inspector of Schools regarding the said vacancy and issued an advertisement on 13th February, 2016 in Hindi newspaper 'Dainik Jagran'. Petitioner no. 1 claims that he is fully eligible and qualified for appointment on the post of Clerk, hence he made an application pursuant to the said advertisement. He further claims that a duly constituted Selection Committee was convened on 06th March, 2016, which selected the petitioner no. 1 and placed him at Serial No. 1 in order of merit in its recommendations.;