Mahesh Chandra Tripathi, J. - (1.) Heard Shri B.B. Singh, learned counsel for the petitioners, learned Standing Counsel for the State respondents.
(2.) Committee of Management G.D.A.V. Girls Inter College, Anoopshahar, District Bulandshahar through its Manager, Naresh Chandra Agrawal is before this Court assailing the order dated 12.12.2017 passed by third respondent i.e. District Inspector of Schools, Bulandshahar.
(3.) It appears that the aforesaid Institution in question is recognized under the provisions of U.P. Intermediate Education Act, 1921 and Regulations framed therein from time to time and salary to its teaching and non teaching staff is paid by the State Government under the provisions of Payment of Salary Act 1971. This much is reflected that three sanctioned posts of Clerks including Head Clerk and two Assistant Clerk are available in the Institution and one Shri Awadhesh Kumar Sharma is working by way of promotion on the post of Head Clerk. It also appears that one post of Assistant Clerk is held by Shri Praveen Kumar Sharma, who was appointed on compassionate ground and the second post of Assistant Clerk has also fell vacant due to retirement of Smt. Usha Devi. It has been claimed that the said post is liable to be filled up by way of promotion but as no Class IV employee working in the institution possess requisite qualification, therefore, the Committee of Management of the Institution has decided to fill up the said post by way of direct recruitment in terms of Regulation 101 of Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921. In this regard relevant papers have been sent to the District Inspector of Schools through an application dated 09.12.2017. The said request has been turned down by order impugned dated 12.12.2017 passed by third respondent on the ground that as per the Government Order dated 09.02.2017 as well as Government Order dated 15.03.2012, there is a ban imposed by the State Government on the appointments in recognized and aided secondary schools.;