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Issues:
Challenging order of District Inspector of Schools regarding appointment of Assistant Teacher in L.T. grade at a minority institution. Analysis: 1. Advertisement Timing and Selection Process: The petitioners challenged the order of the District Inspector of Schools (D.I.O.S.) refusing approval to their appointment as Assistant Teachers. The main objection raised was that the advertisement for vacancies was published before the vacancies actually came into existence. However, the petitioners argued that the selection process, including interviews, took place after the vacancies were available. They contended that the advertisement was merely an invitation for candidates to apply and did not affect the validity of the selection process. The petitioners highlighted that the vacancies were advertised in widely circulated newspapers, ensuring transparency. The Court agreed that the timing of the advertisement did not prejudice the selection process, especially since interviews occurred after the vacancies were available. 2. Lack of Qualification and Fresh Reasons: Another issue raised was the lack of requisite qualification for one of the petitioners, as mentioned in the counter-affidavit. The Court noted that this objection was raised for the first time in the counter-affidavit and was not addressed in the D.I.O.S.'s order. The respondents attempted to justify the order based on this new ground, but the Court held that fresh reasons introduced after the initial decision cannot be used to support it. The Court emphasized that this new ground required further investigation by the concerned authority, and the matter needed fresh consideration. 3. Approval Process and Minority Institution Status: Considering the status of the college as a minority institution, the D.I.O.S. was tasked with ensuring proper advertisement and qualifications of the petitioners. The Court highlighted that non-communication of an approval order within the specified period could result in deemed approval. Additionally, the D.I.O.S. was directed to reevaluate the lack of qualification for one petitioner and consider the consistency in approving selections from the same advertisement. The judgment emphasized the need for a fresh review of the matter by the D.I.O.S. based on the observations made. Conclusion: The writ petition succeeded, and the impugned orders were quashed, remitting the matter to the D.I.O.S. for a fresh decision. The D.I.O.S. was instructed to allow both parties to present their cases before issuing a new order. The judgment concluded by stating that each party would bear its own costs in the legal proceedings.
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