Petitioner challenged rejection of financial approval due to lack of prior education department permission. Directing fresh inquiry on merits with hearing within three months.
Writ petition disposed with direction to revisit claim on merits and pass fresh order within three months after hearing institution.
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Court No. - 32
Case :- WRIT - A No. - 5646 of 2022
Petitioner :- Deepak Singh Respondent :- District Inspector Of School And 2 Others Counsel for Petitioner :- Rajnish Kumar Srivastava,Siddharth Srivastava Counsel for Respondent :- C.S.C
Hon'ble Siddharth,J.
Heard Sri Rajnish Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Petitioner's claim for grant of financial approval has been rejected only on the ground that prior permission has not been obtained from Director of Education before making the appointment of petitioner as per Regulation 101, Chapter III of Intermediate Education Act. Exceptions to the process of selection have also been taken
Learned counsel for the petitioner places reliance upon a judgment of this Court in Abhishek Tripathi Vs. State of U.P. and others 2015 (4) ADJ 270 to submit that claim of petitioner was required to be considered on merit notwithstanding non-availability of prior approval from Director of Education. The District Inspector of Schools was only be required to ensure that their exists sanctioned post for appointment of the petitioner.
Considering the nature of order proposed to be passed, it is not necessary to keep the matter pending or grant time to the respondents to obtain instructions.
From the materials placed on record, it is apparent that petitioner's claim has not been examined on merits keeping in view the observation made by this Court in the case of Abhishek Tripathi (supra) . This petition, therefore, is disposed of with the direction upon the concerned Inspector to revisit the matter in light of the observation contained in the case of Abhishek Tripathi (supra) by passing a fresh order after affording an opportunity of hearing to the institution concerned. Such decision shall be taken within a
period of three months.
Order impugned in the writ petition shall remain subject to the fresh order passed.
Order Date :- 19.4.2022 Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.04.19 17:27:11 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether petitioner's claim for financial approval should be reconsidered on merits despite lack of prior Director of Education permission.
Whether the District Inspector of Schools ensured existence of sanctioned post for the petitioner's appointment.
Colour shows how this judgement treated each authority
Abhishek Tripathi Vs. State of U.P. and othersFollowed¶7
Abhishek Tripathi Vs. State of U.P. and others 2015 (4) ADJ 270
Abhishek TripathiFollowed¶9
Abhishek Tripathi (supra)
1 provisions across 1 enactments
Deepak Singh
District Inspector Of School And 2 Others
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
