TaxTMI 
TaxTMI 
2017 (7) TMI 1467
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....d that respondent No. 5 expressed his inability to join, on the basis of which the Committee of Management issued another letter of appointment dated 8.2.2007 in favour of the petitioner who accepted the appointment letter and joined on 12.2.2007. After the issuance of the appointment letter the institution forwarded the papers to the District Inspector of Schools for grant of approval. Since no approval was granted the appellant filed Writ Petition No. 23922 of 2007, which was disposed of directing the District Inspector of Schools to pass an appropriate order. The District Inspector of Schools thereafter passed an order on 23.9.2008 granting approval to the appointment of the petitioner. The approval so granted to the petitioner was questioned by Sri Arun Kumar Singh, who was placed at Sl. No. 1 of the merit list contending that he had never waived his right to be appointed nor declined the appointment and contended that the appellant had obtained the appointment by misrepresentation. Sri Arun Kumar Singh filed Writ Petition No. 70694 of 2009, which was disposed of by an order dated 23.12.2009 directing the Regional Joint Director to resolve the controversy. The Joint Di....
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....way of direct recruitment since no qualified person was available to be filled up the vacancy by way of promotion. The learned Senior Counsel contended that once post facto approval was granted, the defect, if any, was curable, which was rightly cured by granting post facto approval by the District Inspector of Schools. The said approval could not be set aside on the sole ground that the provision is mandatory and that prior approval was essential. It was urged, that when prior approval of the District Inspector of Schools is contemplated in Regulation 101, the prior approval embraces itself an examination of all aspects of the matter including existence of the vacancy, the nature of the vacancy, whether vacancy is to be filled up by the management or it be filled by appointing a dependent of the deceased employee, which was all examined by the District Inspector of Schools. The learned Senior Counsel thus contended that all these aspects were duly considered by the District Inspector of Schools and since no one was eligible for the said post and the process was found to be fair, the District Inspector of Schools had rightly granted post facto approval for the appointment of the....
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....urt. For facility, the English version as well as the Hindi version of Regulation 101 is extracted hereunder: "101. Appointing Authority except with prior approval of Inspector shall not fill up any vacancy of non-teaching post of any recognized aided institution. Provided that filling of the vacancy on the post of Jamadar may be granted by the Inspector." A Division Bench of this Court in Jagdish Singh etc. vs. State of U.P. and others etc., 2006 (3) UPLBEC 2765 analysed the words "prior approval" and "Permission" and held:- "18. Regulation 101, as quoted above, uses two words, namely, "prior approval" and "Permission". The first part of the Regulation provides that appointing authority except with prior approval of Inspector shall not fill up any vacancy of non-teaching post of any recognised aided institution whereas second part of the Regulation provides that permission for filling of post of sweeper (Jamadar) can be given by Inspector. Second part of the Regulation is in the nature of proviso. The main part of the Regulation contains word "prior approval" i.e., prior approval whereas second part of the Regulation uses word "Permission" i.e., permi....
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...., the Principal or the Committee of Management cannot issue an appointment letter or permit joining of any candidate. The requirement of prior approval in Regulation 101 is a condition precedent before issuing an appointment letter and is mandatory. 22. In view of the aforesaid, we are of the considered opinion that prior approval contemplated under Regulation 101 is prior approval by the District Inspector of Schools after completion of process of selection and before issuance of appointment letter to the selected candidate." Another Division Bench in Miss Shailja Shah vs. Executive Committee, 1995 (25) ALR 88 also considered the expression "prior approval" and "approval" and held that two words connotes different situation. The Division Bench held that where the statutes uses the term "prior approval", anything done without prior approval was a nullity. The Court further held that where the statute employs the expression "approval", in such cases, subsequent rectification can make the act valid. The aforesaid decision was followed by another Division Bench in Joint Director of Education Azamgarh Regions, Azamgarh and another vs. Udai Raj Vishwkarma and another, 2007 (....