Synopsis

The petitioner, a recognized aided minority institution, challenged the order of the District Basic Shiksha Adhikari (BSA) dated 28th September 2017 disapproving the selection of a candidate (Vikas Alexander) for the post of Clerk. The selection was conducted after obtaining prior permission and advertising the vacancy. The selection committee included a person who participated as the BSA’s nominee (though no formal communication was issued). The selection papers were forwarded to the BSA on 4th September 2017, with delay explained by floods. The BSA passed the impugned order on 28th September 2017 but communicated it only on 7th October 2017 (beyond 30 days). Rule 15(5)(iii) of the 1984 Rules provides that if the BSA does not communicate his decision within one month from receipt of papers, he shall be deemed to have accorded approval. The High Court quashed the impugned order, holding that (i) deemed approval occurred upon expiry of 30 days; (ii) the delay in forwarding papers was sufficiently explained; (iii) the participation of the BSA’s nominee (even without formal communication) did not vitiate the selection; and (iv) the objection regarding locus standi was belated and rejected. The writ petition was allowed, and consequential benefits were directed to follow.

Court: High Court of Judicature at Allahabad

Coram: Honourable Mrs. Justice Manju Rani Chauhan

Date of Judgment: 3rd April 2026

Citation: Writ - A No. 10958 of 2018 (2026:AHC:71369)

Core Law: U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984 – Rule 13(1), Rule 14, Rule 15(3), Rule 15(4), Rule 15(5)(iii); deeming provision; deemed approval; service law – selection process

2. Legal Framework

Major laws and provisions involved

• U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984 – Rule 13(1) (advertisement of vacancy), Rule 14 (constitution of selection committee), Rule 15(3) and (4) (timeline for forwarding papers), Rule 15(5)(iii) (deemed approval if no communication within one month)

• U.P. Recognized Basic School (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978 – Rule 10(5)(iii) (analogous provision cited for guidance)

Key legal principles applied

Deemed approval under Rule 15(5)(iii) – communication within 30 days is mandatory: The statutory provision clearly states that if the District Basic Education Officer does not “communicate his decision within one month from the date of receipt of the papers”, he shall be deemed to have accorded approval. The passing of an order within 30 days is irrelevant; what matters is communication within that period. If the order is communicated after 30 days, the deeming provision operates and the selection sta

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