V.M.Sahai, J. - (1.) The question that arises for consideration in this petition filed by seniormost teacher L.T. grade is whether he could be appointed as Lecturer Sociology even though the post which fell vacant was of Lecturer Hindi ; whether the appointment on short-term vacancy ceases on the vacancy becoming substantive ; whether the approval granted by the District Inspector of Schools could be withdrawn or cancelled by him ; whether the joint Director of Education could itself cancel the approval granted by the District Inspector of Schools or he could direct the District Inspector of Schools to cancel it?
(2.) Brahm Vigyan Inter College, Atarra, district Banda is a recognised and aided institution (in brief institution). Two posts of Lecturers were created on 15.12.1975 to be filled by promotion without mentioning any subject for which the posts were created and sanctioned. The third post of Lecturer Sanskrit and Civics was created on 21.12.1976 with a condition that he would also teach Sociology in intermediate classes. Sri Ram Pal Singh was working as Lecturer Hindi and Sri Nandi Singh was working as Lecturer English. It is not on record as to who was working as Lecturer Sanskrit and Civics. Sri Avinashi Nandan Dwivedi the permanent principal retired on 30.6.1993 and the committee of management sent requisition to Commission to fill the vacancy. In the meantime Sri Ram Pal Singh Lecturer Hindi was promoted on ad hoc basis as officiating principal and the District Inspector of Schools. Banda (in brief D.I.O.S.) approved it on 13.12.1993 with a condition that he would continue to work as Lecturer Hindi.
(3.) The petitioner was appointed on 29.7.1969 as Assistant Teacher, C.T. grade. He is the seniormost teacher in L.T. grade. He is M.A. in Sociology. Due to the promotion of Sri Ram Pal Singh as officiating principal, short-term vacancy on the post of Lecturer Hindi arose. The retired principal Sri Avinashl Nandan Dwivedi taught Sociology to intermediate classes. And after his retirement, a teacher in Sociology was required, therefore, the management passed a resolution on 20.2.1994 promoting the petitioner on the post of Lecturer Sociology till Sri Ram Pal Singh was reverted or selected candidate from Commission came and joined. The promotion was approved on 12.9.1994 by the D.I.O.S. The records with regard to short-term promotion of petitioner was sent by the D.I.O.S. to Joint Director of Education, Jhansi Region. Jhansi. The Joint Director of Education, after examining the records, came to the conclusion that no post of Lecturer Sociology had been created in the institution and the petitioner could not have been appointed on ad hoc basis as Lecturer Sociology. He further found that Sri Ram Pal Singh was only permitted to discharge the duties of principal and he continued to work as Lecturer Hindi, therefore, there was no vacancy and the management in promoting the petitioner in short-term vacancy of Lecturer acted illegally. Consequently, he passed an order on 18.6.1998 declaring the approval granted on 12.9.1994 by the D.I.O.S. to be inoperative and the D.I.O.S. was directed to tale necessary action. In compliance of this order, the D.I.O.S. on 20.6.1998 cancelled approval granted on 12.9.1994. He further informed the management that salary bill of petitioner be sent on the post of Assistant Teacher. L.T. grade and salary paid in excess to the petitioner in Lecturer's grade may be recovered from him. The petitioner by means of this writ petition has challenged the orders passed on 18.6.1998 by Joint Director of Education and 20.6.1998 by the D.I.O.S.;