Arun Tandon, J. - (1.) Heard learned Counsel for the petitioner, and learned Standing Counsel for the State - respondents.
(2.) The District Inspector of Schools, Jhansi under the impugned order dated 13th August, 2009 has refused to accord financial approval to the appointment of the petitioner as Class - N employee in Vipin Vihari Intermediate College, Jhansi while rejecting the representation made, with reference to the order of this Court dated 9th February, 2009 passed in Civil Misc. Writ Petition No. 2049 of 2009 on the ground that in accordance with the Manak declared by the State Government only 15 Class - IV posts are permissible for grant of salary from State exchequer and at present 18 persons are working on Class - N posts in the institution. It has been recorded that in the advertisement the essential qualification prescribed was disclosed as Class - VIII passed, when under the Government Order/Rules applicable the requirement is of Class - V pass only.
(3.) So far as the basic ground for refusing to accord financial approval to the appointment of the petitioner is concerned, learned Counsel for the petitioner contends that a vacancy was caused in the institution due to retirement of earlier incumbent, who was getting salary from the public exchequer and therefore, the District Inspector of Schools is not justified in holding that the appointment of the petitioner on Class - N post was in excess of Manak.;