HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12561 of 2016 Court No. - 38 HON'BLE DONADI RAMESH, J. 1. Heard Sri Rajesh Dwivedi, learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. The petitioner is a candidate for appointment on the post of Class-IV employee in a recognized institution, namely, Kisan Uchchatar Madhyamic Vidyalaya Bhal, District Kanpur Dehat. The institution receives aid out of the State fund. 3. It is contended on behalf of the petitioner that after the advertisement, following the procedure in the law, the Principal/institution has selected them on the post of Class-IV employee and the papers have been forwarded to the office of the District Inspector of Schools for his approval. The District Inspector of Schools by the impugned order dated 30.10.2015 has rejected the approval to the appointment of the petitioner only on the ground that vide Government Order dated 04th September, 2013 the State Government has amended Regulation 101 of Chapter III of the Regulations framed under the U.P. Intermediate Education Act, 1921, according to which the appointment on Class-IV posts can be made only by outsourcing. 4. Learned counsel for the petitioner has placed reliance on a judgment of a Division Bench of this Court in Rita Devi v. State of U.P. and others, 2015 (9) ADJ 494 (DB). In paragraphs-3, 4 and 7 of the judgment in Rita Devi (supra), the Court has held as under: "3. Basically, in the order dated 18 April 2015, three grounds were adduced by the District Inspector of Schools for declining to grant approval, these being: "(a) That vide Government Order dated 06.01.2011 a ban had been imposed on recruitment of Class IV employees in aided secondary institution; Versus Counsel for Petitioner(s) : Amit Saxena (Senior Adv.), Rajesh Dwivedi Counsel for Respondent(s) : C.S.C. Shailendra Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) (b) That vide Government Order dated 04.09.2013 Class IV employees could be engaged only by way of outsourcing; and (c) That vide letter of Secretary to the Chief Minister dated 15.03.2012 appointments on all post had been banned." 4. In the writ petition, it was submitted on behalf of the appellant that each of these grounds were unsustainable. As regards the first ground, it was urged that the Government Order dated 6 January 2011 has been set aside in a judgment of a learned Single Judge passed in Writ Petition No.11760 of 2011, Committee of Management, Lala Babu Baizal Memorial Inter College v. State of Uttar Pradesh, 2012 (4) ADJ 586. As regards the Government Order dated 4 September 2013, it was stated that it has been stayed by this Court in Writ Petition No. 62544 of 2013 (Committee of Management, Lala Babu Baizal Memorial Inter College v. Special Secretary, Government of Uttar Pradesh). As regards the third ground, it was observed that in several writ petitions, the direction contained in the letter of the Secretary to the Chief Minister had been stayed. *** *** *** 7. In our view, the ground which weighed with the learned Single Judge in the dismissal of the writ petition was not a ground which was held against the appellant in the rejection, by the District Inspector of Schools on 18 April 2015, of the proposal submitted by the Principal of the Intermediate College. Once it was held that all the three grounds were unsustainable, it would have been appropriate and proper to remit the matter back to the District Inspector of Schools for fresh consideration." 5. No other factual dispute is involved in the matter. 6. In view of the above, there is no need to call reply from the respondents. 7. Since there is no other ground mentioned in the impugned order, the order impugned passed by the District Inspector of Schools dated 30.10.2015 is unsustainable and it is set aside. The matter is remitted to the District Inspector of Schools to consider afresh ignoring the Government Order dated 04th September, 2013. However, in case the District Inspector of Schools accords the approval to the appointment of the petitioner, he will ensure that in the appointment letter of the petitioner it would be recorded that her appointment shall abide by the result of Writ Petition No. 62544 of 2013 (Committee of Management, Lala Babu Baizal Memorial Inter College v. Special Secretary, Government of Uttar Pradesh), which is pending before this Court and wherein the Government order dated 04th September, 2013 has been stayed. 8. The writ petition is, accordingly, disposed of. There shall be no order as to costs. September 19, 2025 Noman WRIA No. 12561 of 2016 2 (Donadi Ramesh,J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad