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Judgment
This writ petition has come up for admission before this Court in the presence of Sri A. N. Tripathi, learned counsel appearing for the petitioner and Sri V. N. Agarwal, learned counsel for the State respondents.
Committee of Management of Degree College, Malikpura, Ghazipur (respondent No. 5) has already been served, and, an affidavit of service has been filed to this effect.
The instant writ petition is challenging a letter written by the District Inspector of Schools, Ghazipur, dated December 21, 1987 whereby the aforesaid District Inspector of Schools has asked for further approval of the appointment of the petitioner, on ad hoc basis, on the post of Lecturer in Geography in Degree College, Malikpura, Ghazipur.
Sri A. N. Tripathi, learned counsel for the petitioner has placed reliance on the communication written by ViceChancellor, Gorakhpur University wherein, in similar situation the respondent authorities wanted approval to the substantive appointment in respect of one Sri Shailender Kumar Singh, Lecturer in Statistics Department at Udai Pratap Degree College, Varanasi, wherein it was observed that ViceChancellor having been already approved the temporary appointment of incumbent, and having found him fit for the post, there is no provision of grant of further approval of ViceChancellor once again, when the appointment is covered by a substantive appointment under the provisions of Section 31(3j(b) of U. P. State University Act, 1973.
Sri Tripathi further submitted that under the aforesaid legal position the Inspector of Schools, Ghazipur has travelled beyond his jurisdiction, Joy sending aforesaid impugned letter dated December 21, 1987 (Annexure 6) seeking for further approval in respect of the permanent appointment of petitioner in the substantive vacancy, as admittedly, under the facts of the present case the earlier incumbent, namely, Dr. Shiv Sagar Ojha has admittedly resigned from the post with effect from December 17, 1987.
Accordingly, the impugned letter dated December 21, 1987 (Annexure 6) written by the District Inspector of Schools, Ghazipur is set aside. The petitioner will be entitled to continue in the substantive vacancy as his temporary appointment has already been approved by the ViceChancellor.
Writ petition succeeds and is allowed to the extent indicated above However, there shall be no order as to costs.