Ashwani Kumar Mishra, J. - (1.) Heard Sri S.B. Singh for the petitioner, learned Standing Counsel for the State and Sri Surendra Singh holding brief of Sri Rajesh Kumar Tiwari, learned counsel appearing for the Committee of Management.
(2.) This petition is directed against an order dated 22nd February, 2014 passed by District Inspector of Schools, Varanasi, refusing to grant of financial approval to petitioner's appointment on the post of Assistant Teacher. Facts giving rise to filing of this petition are that their exists a minority recognized aided institution imparting education upto senior secondary level, known as Cutting Memorial Inter College, Varanasi. An assistant teacher in L.T grade, namely Sanjay Philip was promoted to the post of Lecturer vide resolution dated 12th July, 2003. The post against which Sanjay Philip got promoted had fallen vacant due to superannuation of previous incumbent on 30th June, 2003. The Committee of Management, in accordance with the procedure contemplated under Section 16-FF of the U.P. Intermediate Education Act, 1921 proceeded to advertise the post on 9th July, 2003, and the Selection Committee of five members was constituted. The petitioner, along with larger number of other persons are stated to have applied and the interview was held by the selection committee on 24th August, 2003. As the petitioner scored the highest quality point marks in the interview, as such, he was selected, and papers were forwarded to District Inspector of Schools for grant of financial approval on 5th September, 2003. The papers are reported to have remained pending, and no order specifically approving or disapproving the appointment was passed. It was in this circumstance that petitioner approached this Court earlier by filing Writ Petition No. 21260 of 2007 (Satyendra Kumar Upadhyay Vs. State of U.P. and 3 Others), which was disposed of on 30th April, 2007, directing the District Inspector of Schools, Varanasi to take a final decision in the matter within a period of eight weeks, keeping in view the provision of Section 16-FF, as well as Regulation 17 of Chapter-II of the Regulations framed under the U.P. Intermediate Education Act, 1921.
(3.) It is on record that despite such direction and service of copy of the order, no decision was taken. It appears that thereafter a contempt petition was filed being Contempt Petition No. 715 of 2014 (Saytendra Kumar Upadhyay V. Chandra Jeet Yadav, Dios), and directions were issued on 31.1.2014, reiterating the earlier direction for taking a decision in the matter. It is thereafter that petitioner's claim has been examined and financial approval has been denied by the impugned order. The order assigns following reasons to deny financial approval to the petitioner's appointment:- (i) That the post against which the petitioner is stated to have been appointed came into existence on 12th July, 2003, whereas advertisement was issued in Hindi Newspaper on 9th July, 2003, which was impermissible. (ii) The approval to the promotion of Sanjay Philip was granted on 20.11.2006, and therefore the appointment process of petitioner could not have been started on 9th July, 2003. (iii) That there are 210 students in the institution, against which 17 teachers are already working, and there is no justification to grant financial approval. (iv) The publication of advertisement in newspapers 'Kashivarta' and 'Nispaksha Bharat Doot' does not meet the requirement of publication in terms of regulations. (v) That in accordance with the reports of the management, petitioner is not working.;