SUNITA SHARMA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri V.C. Misra, learned senior Advocate with Sri Vikrant Pandey, counsel for the petitioner and learned Standing Counsel for the respondent No. 2.

(2.) In this writ petition, a prayer has been made by the petitioner for a writ of certiorari calling the respondents to produce the record of the case and to quash the impugned orders dated 7.3.1998 and 19.3.1998 (Annexures-8 and 9 to the writ petition) passed by respondent No. 1, whereby the respondent No. 1 disapproved the appointment of the petitioner No. 1 as a Lecturer in Biology made on short-term vacancy on the ground that vide Government Order dated 30.7.1991. there has been a total ban on the appointment and further the Director of Education vide his letter dated 31.8.1991 has directed that no final approval be accorded to any appointment made in Intermediate College. Similarly the appointment of the petitioner No. 2 as Assistant Teacher in L.T. Grade was also disapproved on the aforesaid ground vide order dated 19.3.1998 by the respondent No. 1. While disapproving the appointment of both the petitioners on the ground of ban imposed by the aforesaid Government order, the respondent No. 1 lost sight of the Government order dated 26.9.1991, whereby the ban imposed was superseded and lifted.

(3.) It appears that on 30.6.1997 the Principal of the Institution Chameli Devi Girls Inter College, Mathura retired and as such one Km. Snigdha Talpatra, who was the senior most teacher in the Institution was given ad hoc promotion and appointed as ad hoc Principal of the Institution. As a result of promotion of Miss Snigdha Talpatra, a short-term vacancy arose in the Lecturer grade and similarly another short-term vacancy arose on account of promotion of Smt. Pushpa Pandey, a L.T. Grade teacher to Lecturer Grade, Thereafter the selection committee after interviewing the candidates, recommended the name of the petitioners for appointment on the post of Lecturer (Biology) and as Assistant Teacher in L.T. Grade, respectively. On the basis of the aforesaid recommendation the management issued an appointment order dated 17.7.1997 appointing the petitioner No. 1 as a Lecturer in Biology in short-term vacancy and the petitioner No. 2 was also given appointment on the same day as Assistant Teacher in L.T. Grade in the short-term vacancy.