A.P.SAHI,J. - (1.) HEARD Sri Ashok Khare learned senior counsel assisted by Sri S.P.Singh for the petitioner Committee of Management, Sri L.P.Singh for the respondent No. 4 and the learned standing counsel for the respondent Nos. 1,2 and 3.
(2.) THE petitioner Committee of Management has come up against the order passed by the District Inspector of Schools dated 31.10.2009 and the consequential order dated 9.11.09 whereby the respondent No. 4 Mohd. Shahjad has been extended the benefit of appointment as an Assistant Teacher in the institution managed by the petitioner Committee which is a minority institution. Sri Khare contends that the order is totally without jurisdiction and beyond the purview of the District Inspector of Schools inasmuch he has no authority to proceed to make any selection or appointment on the post of Assistant Teacher in an Intermediate College which is a recognised minority institution.
(3.) THE undisputed facts are that the institution is governed by the provisions of the U.P.Intermediate Education Act, 1921.Being a minority institution the provisions relating to the selection on the post of teaching staff is governed by Section 16-FF of the said Act and the regulations relating thereto. The Committee of Management advertised several posts including the post of Assistant Teacher in Arts against which selections were held and the papers were forwarded to the District Inspector of Schools for granting approval/financial sanction. The approval was conceded in favour of the Committee of Management vide order dated 9.2.07 except for the post of Assistant Teacher in Arts. The said order was passed pursuant to the directions issued by the Regional Joint Director of Education dated 31.1.07.;