IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 96 of 2008 District Inspector of Schools. .……… Appellant Versus Pali Shah & another. ……… Respondents Mr. Subhash Upadhyaya, Brief Holder for the appellant. Mr. Anurag Bisaria, Advocate for respondent No. 1. JUDGMENT Coram: Hon’ble V.K. Gupta, C.J. Hon’ble J.C.S. Rawat, J. V.K. GUPTA, C. J. (Oral) CLMA No. 3623 of 2008: For the reasons stated, the application is allowed. The delay, in filing the Special Appeal, is hereby condoned. The appeal be treated to have been filed within time. The application stands disposed of. Special Appeal No. 96 of 2008: We have heard the learned counsel for the appellant. We have also perused the impugned order dated 14th February, 2008 as well as the impugned judgment dated 23rd June, 2005 passed in Writ Petition No. 6067 of 2001 (S/S). In our considered opinion, since at the stage of initial recruitment, the approval was granted for filling up the vacancy by advertisement in the newspaper and because, based on this approval, respondent No. 1 was appointed on a Class IV post, later on, the appellant could not be permitted to say that because of the ban in recruitment, the appointment could not have been made. The appeal is dismissed in limine. (J.C.S. Rawat, J.) (V.K. Gupta, C. J.) 23.06.2008 23.06.2008 G