Ajit Kumar, J. - (1.) Heard learned counsel for the petitioners, learned Chief Standing Counsel and learned counsel for the respondents.
(2.) The petitioners who were appointed on Group D position in the institution, namely, National Intermediate College, Harraiya, Basti, after facing selection as per the procedure prescribed under Regulation 101 of Chapter III of the Intermediate Education Act, 1921 read with the Government Notification dated 11.05.2001, and the Rules for appointment of recruitment of U.P. Group D Recruitment Rules, 1985, and thereafter, they were also granted approval on 05.02.2009 by the District Inspector of Schools, however, the appointments came to be annulled by the order passed by the Director of Education Secondary U.P. dated 08.07.2010 and consequential order by the District Inspector of Schools dated 09.07.2010 annexures 19 and 20 to the writ petition respectively.
(3.) The facts of the case are that there are 14 sanctioned of posts in the category of Group D in the institution namely, National Intermediate College, Harraiya, Basti, which is recognized and aided institution under the Intermediate Education Act. The vacancies as many as six in number fell vacant by the year 2008 as has come to be notified by the principle himself being the Appointing Authority vide letter dated 10.08.2008 and accordingly, the permission was sought for making recruitment on the aforesaid vacancies. Initially the permission was granted for two posts to be filled in from amongst the candidates of the other backward class and the selections were made against the two vacancies of the candidates belonging to other backward class (hereby O.B.C.). For the remaining four vacancies the permission was further sought by the principal of the institution vide letter dated 09.08.2008 and the District Inspector of Schools vide letter dated 30.08.2009, accorded permission to advertise the vacancies for making regular selection. Consequently, principal advertised the vacancies in the daily newspaper as per requirement of the regular Rules, and thereafter, also intimated the same, the District Employment Officer, Basti seeking reference of candidates as per 1985 Recruitment Rules and the interview was schedule for 05.10.2009. The District Magistrate also vide letter dated 05.03.2008 directed one Shri Shashi Bushan Singh, The District Employment Officer, Basti to be his nominee to participate in the selection to be conducted in the institution for filling up the vacancies in Group D position as per the advertisement made. The selection proceeded accordingly by the Selection Committee consisting of the nominee of the District Magistrate. It needs to be mentioned that interview was earlier scheduled for 05.10.2008 was shifted to 30.10.2008 and in that regard necessary notification was also issued in the newspaper. The Selection Committee after holding the selection of the various candidates who participated in the interview before it adjudged the petitioners to be the best candidates and accordingly recommended for their appointment. As the regulations under the Intermediate Education required, the papers were forwarded on 26.12.2008 to the District Inspector of Schools for according his approval to the selection made to the petitioners against the Group D position in his institution. The approval was accorded by the District Inspector of Schools vide order dated 05.02.2009 and in terms of financial approval to the appointment of the petitioners, it appears petitioners have continuously been working in the institution.;