Neutral Citation No. - 2025:AHC:117962 Court No. - 38 Case :- WRIT - A No. - 32850 of 2011 Petitioner :- Shashi Bhushan Singh Respondent :- State of U.P. and Others Counsel for Petitioner :- Adarsh Singh,Ashok Khare,Indra Raj Singh Counsel for Respondent :- Banshi Dhar Mishra,Naveen Srivastava Hon'ble Donadi Ramesh,J. 1. The writ petition is filed questioning the order dated 02.05.2011 passed by the District Inspector of Schools cancelling the appointment of the petitioner. Though the petitioner was appointed based on the prior permission granted by the District Inspector of Schools, the Management has advertised the posts and after due process the petitioner has been selected on 23.03.2009. The proposals were sent to the concerned authorities but ultimately the District Inspector of Schools has rejected the claim of the petitioner vide impugned order dated 02.05.2011, only on the ground that non-availability of vacancy. 2. In fact one post of Head Clerk fell vacant in the fifth- respondent Institution. The said post was filled up by one Shri Sharad Kumar Srivastava. Consequent on the said promotion the Management has got approval from the District Inspector of Schools and filled the post of Assistant Clerk and selected the petitioner on the post of Assistant Clerk, who has participated in the due process and was duly selected. 3. Subsequently, the said promotion was cancelled on the appeal filed by Buddhi Ram vide order dated 05.02.2019 and accordingly, the said Sharad Kumar Srivastava, had been repatriated to his original post. In the said circumstances, as there is no existing sanction clear vacancy of Assistant Clerk, the selection of the petitioner was rejected vide impugned order dated 02.05.2011. 4. Though, after notice the respondents have filed counter affidavit and the same grounds has been taken. 5. In reply to the counter, the petitioner has filed rejoinder affidavit on 01.05.2025, wherein the petitioner has submitted that petitioner is at no fault as he is eligible and pursuant to the advertisement the petitioner has participated in the selection process and subsequently he was selected by the Selection Committee constituted as per the Rules. 6. Further, he has also brought to the notice of the Court through rejoinder affidavit that subsequently the said Sharad Kumar Srivastava was promoted again on 12.05.2017 and the Buddhi Ram has also retired on 31.10.2013. In view of the said circumstances, now clear vacancies are available in the fifth- respondent Institution, as the petitioner has been subjected to selection process and selected and vacancy is available, therefore, his case can be considered for approval on the said clear vacancy. 7. Based on the averments made in the rejoinder affidavit and without going into the merits of the case, the respondents may re- visit the selection of the petitioner once again, if there are any clear vacancies available and nobody is selected and appointed on the said post, his case may be considered and pass appropriate order within a period of one month from the date of a receipt of a copy of this order. 8. Accordingly, the present writ petition is disposed of. Order Date :- 21.7.2025 AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad