Neutral Citation No. - 2025:AHC:27840 Court No. - 10 Case :- WRIT - A No. - 19413 of 2019 Petitioner :- Arun Kumar Dube And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R. K. Singh Kaosik Counsel for Respondent :- C.S.C.,Nagendra Kumar Mishra Hon'ble Saurabh Shyam Shamshery,J. Civil Misc. Withdrawal Application No.8 of 2022. This withdrawal application has been filed on behalf of petitioner no.1. Withdrawal application is allowed. Writ petition is dismissed as withdrawn on behalf of petitioner no.1 and it is alive in regard to petitioner nos.2 and 3. Order on writ petition. 1.Heard Sri R. K. Singh Kaosik, learned counsel for the petitioner and Sri Manvendra Dixit learned Standing Cousnel. 2. This writ petition is pending since 2019. As referred above, this writ petition is now surviving qua to petitioner nos.2 and 3 and they are aggrieved that despite proposal of approval of their appointment was sent to the D.I.O.S, neither it has been rejected nor approved. 3. Learned counsel for the petitioner referred paragraphs 5, 6,7 and 8 of writ petition which are reproduced hereinafter: "5. That an advertisement has been published in News Papers Tejas Today and Nispakchha Swatantra Rajvarta dated 20.01.2016 regarding the vacancy of one post of assistant clerk for General category in the institution. 6. That an interview was held by the selection committee constituted by the manager of the institution on 03.12.2016 and the selection list has been prepared by the selection committee. The petitioner no. 1 is selected for the post of assistant clerk by the selection committee. 7. That all the papers regarding the selection /appointment of the petitioner no. 1 have been sent to the District Inspector of Schools Jaunpur/respondent no.2 by the manager of the institution vide letter dated 12.12.2016 for the approval of the appointment the petitioner no.1 as well as for the sanction of the salary. 8. That an advertisement has been published in News Papers Tejas Today and Nispakchha Swatantra Rajvarta dated 15.09.2014 regarding the vacancy of two post of assistant clerk for General category in the institution." 4. Learned counsel for the respondent submitted that due to aforesaid reasons, approval cannot be granted, however, no formal communication is still being sent. He has referred paragraph nos.6,7 and 8 of counter affidavit that there are legal impediment to grant approval. Said paragraphs are reproduced hereinafter: " 6. That in reply to the contents of paragraph no. 5 of the writ petition it is stated that the petitioner has stated about the advertisement published for appointment on the post of Clerk. It is relevant to state here that after getting prior permission from the Director of Secondary Education, U.P. Lucknow, the process of selection and appointment on the post of Clerk is done. The committee of management without obtaining prior permission from the department has made the appointment on the posts of Clerk, which is illegal. 7. That in reply to the contents of paragraph no. 6 and 7 of the writ petition it is stated that in the paragraphs under reply the petitioner has stated about the selection process and sending the papers for approval in the office of answering respondent. In this regard, it is stated that the committee of management without obtaining prior permission from the department has initiated the selection process and made the appointment of the petitioner which is illegal. 8. That in reply to the contents of paragraph no.8 to 10 of the writ petition it is stated that the committee of management after making advertisement for appointment on the vacant posts of Clerk and making the appointments of the petitioner nos.2 and 3, send the papers in the office of answering respondent for approval. In this regard, it is stated that the committee of management without obtaining prior permission from the department has initiated the selection process and made the appointment of the petitioner which is illegal. It is relevant to state here that the Director of Secondary Education, U.P. Lucknow vide letter dated 3.6.2019 and the Directorate of Education (Secondary), U.P. Shiksha Samanya (1) Pratham vide its letter dated 4.11.2019 have stayed the selection process for appointment on the post of Clerk in recognized and aided non-governmental secondary institutions and directed to maintain status quo. In view of the aforesaid, the appointment of the petitioners being illegal is not liable to be recognized." 5. I have considered the above submissions and since no proper communication is made to the surviving petitioners about the reasons for not granting approval, therefore, at this stage, Court cannot enter into the merits of the case since there is no order impugned. Therefore, this writ petition is disposed of with a direction that within a period of three weeks, from today by way of a communication, legal impediment, if any, for approval of petitioners appointment shall be communicated to them. Concerned D.I.O.S is put on caution that within a short period decision has to be taken and any unnecessary delay is deprecated. Order Date :- 27.2.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad