Mahesh Chandra Tripathi, J. - (1.) Heard Shri Rahul Mishra, learned counsel for the petitioners and learned Addl. Chief Standing Counsel for State respondents.
(2.) The petitioner is before this Court assailing the order dated 9.3.2018 passed by the District Inspector of Schools, Baghpat, whereby the selection done on the post of Assistant Teacher has been disapproved. It is further prayed to issue a direction to the respondents to make payment of salary to the selected candidate along with arrears.
(3.) This much is reflected from the record that the matter relates to 'Sri Ajeet Nath Jain Inter College, Sherpur Lohara, District Bhatpat" (in short "the institution"), which was recognized under the provisions of Intermediate Education Act, 1921. The institution is a minority institution and Payment of Salaries Act is also applicable upon the institution. It is contended that on account of retirement of one Assistant Teacher, the vacancy had occurred on the said post and as such on 30.4.2017 the Committee of Management passed resolution for filling up the said vacancies and the relevant papers were forwarded to the District Inspector of Schools (DIOS) on 4.5.2017 seeking permission to fill up the vacancies, even though there was no requirement to send relevant papers for any approval for making advertisement in this regard. But due to abandon precaution the management has proceeded to send the relevant papers to the DIOS for approval. It is contended that when no permission was granted and the institution being a minority institution the Committee of Management has the power to make appointment on the said posts, the vacancies were advertised in two newspapers namely 'Shah times' (Hindi) and 'Times of India' (English). In response thereof various incumbents have applied. Finally selection committee was constituted in response to the aforesaid advertisement. Consequently, the selection was made on the post of Assistant Teacher (Social Science) and relevant papers were forwarded for approval. Upon receiving the papers in respect of the selection in question, the DIOS has passed the order dated 9.3.2016, whereby he has refused to accord approval to the appointment made by the petitioner precisely on the ground that the management has proceeded to make the selection without any formal approval from the DIOS and as such the same cannot sustain in the eyes of law.;