- (1.) C.A. NO. 472/86 : This appeal by special leave arises from the judgment of the Division Bench of the Allahabad High Court, made on November 6, 1985 in Civil Miscellaneous Writ Petition No. 10982/85.
(2.) The admitted facts are that the appellant was appointed as Headmistress of a Junior High School, Kamla Nehru Kanya Vidyalaya, Shiv Shankari Dham Pachewara Chunal, Mirzapur which was upgraded in July, 1982 as High School. The Managing Committee advertised through newspaper under the U. P. Intermediate Education Act, 1921 for selection of the candidates, obviously, under Section 16-E. The Committee had selected the appellant on December 17, 1983 and the appellant was sought to be ratified. Since the ratification was not accorded by the District Inspector, the appellant had approached the High Court. The High Court relying upon its earlier decision in Jai Prakash Sharma v.State of U. P. (W. P. No. 174/85) dismissed the writ petition. Thus, this appeal by special leave.
(3.) Though the High Court may not be correct in following its judgment in dismissing the writ petition, on facts we find that there is no substantial difference in the result. The admitted position is that the U. P. Secondary Education Services Commission Act, 1982, had come into force with effect from July 14, 1981, Section 10 of the Act specifies the purpose of making appointment to the posts of teachers specified in the Schedule. It postulates thus : "(1) For the purpose of making appointment of a teacher specified in the Schedule, the management shall notify the vacancy to the Commission in such manner and through such officer or authority as may be prescribed. (2) The procedure of selection of candidates for appointment to the posts of such teachers shall be such as may be prescribed : Provided that the Commission shall, with a view to inviting talented persons, give wide publicity in the State to the vacancies notified under sub-section (1).";