MANOJ KUMAR GUPTA, J. - (1.) Heard counsel for the petitioner, learned standing counsel for first and second respondents and Sri Sanjay Kumar brief holder of Sri B.N. Yadav for the third respondent. With their consent, the petition is being disposed of finally at this stage itself.
(2.) The petitioner is the Committee of Management of Nehru Kissan Vidyalaya Junior High School, Saharanpur, a recognised institution under the U.P. Basic Education Act, 1972. The petitioner has assailed the order dated 17.11.2016 whereby the District Basic Education Officer, Saharanpur, the third respondent herein, refused to accord approval to the request of the institution for filling up the vacant posts of the Head Master and the Assistant Teacher. It has been observed that the Director of Education, Basic, U.P. in its circular letter dated 3 June 2016 has directed for selection and appointment process being completed by 31 July 2016. It has been inferred therefrom that after 31 July 2016, there is a ban for holding further proceedings relating to selection and appointment, consequently, the permission to advertise the posts has been declined. The other order under challenge is dated 2 August 2016, whereunder the District Basic Education Officer, Saharanpur in a like manner, revoked the approval dated 30.7.2016 granted earlier for filling up the vacant post of clerk. It has been observed that letter of the Director of Education (Basic) dated 3.6.2016 and Government Order dated 6.11.2015 permits filling up of teaching posts alone and not the post of clerk.
(3.) Learned counsel for the petitioner submitted that the impugned orders are based on misinterpretation of the circular letter dated 3 June 2016 as well as the Government Order dated 6 November 2015. It is submitted that thereunder, no ban has been imposed on the appointment of the Assistant Teachers or class III employees against the vacant posts. On the contrary, the intent of the Government Order and the circular letter dated 3 June 2016 in fixing 31 July 2016 as the date by which the selection process was required to be completed was to expedite the process of recruitment on the vacant posts. It is further submitted that any other interpretation to the said stipulation in the circular would render it contrary to the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 which governs the appointment on the vacant posts in the institution.;