- (1.) S. P. Srivastava, J. Heard the counsel for the petitioner and the learned Standing Counsel representing the respondents No. 1 to 3.
(2.) PERUSED the record. The petitioner feels aggrieved by the order of the District Inspector of Schools dated 13-2-97 whereunder he has refused the grant of approval to the appointment of the petitioner. The petitioner claims that a vacancy in the post of Assistant Clerk falling in class III became available in the educational in stitution in question on account of the retirement of Smt. Sushila Singh. Proceed ings for filling up this vacancy, taking recourse to the method of direct recruit ment were initiated by the appointing authority with the advertisement made in the Newspaper 'dainik Jagaran' dated 31-10-96 inviting applications for appoint ment. The petitioner asserts that he is fully qualified for being appointed on the post in question and in the selection held by the appointing authority on 23-1-97 he was found to be most suitable and was given an appointment letter dated 24-1-97 where upon he joined the post on that date. He claims that he is continuously discharging the duties attached to the office held by him since his joining the post.
(3.) THE District Inspector of Schools under the impugned order has indicated that the vacancy in question fell within the quota reserved for being filled up by promo tion from the next below cadre and so long as the promotion quota was not filled up the question of making any appointment taking recourse to the method of direct recruit ment could not be permitted. The petitioner has, however, urged that while the post in fact fell within the promotion quota of 50% of the total num ber of sanctioned posts yet since there was no person in the next below cadre who was eligible for being considered for appoint ment on the promotion post, the Manage ment did not commit any error in taking recourse to the method of direct recruit ment for filling up the vacancy in question. It has further been urged that the District Inspector of Schools had been informed about the vacancy and its proposed filling up by the Management. Therefore, it is urged, that once the permission to fill up the vacancy had been granted there could be no occasion for disapproving the appointment.;