- (1.) This petition is one of the classic case where the authorities of Education Department of State of U.P. have been passing orders without actually verifying the correct position with regard to the availability of vacancies against sanctioned post in recognized intermediate colleges as would be clear from following facts. The Director Secondary Education U.P. Lucknow vide order dated 8.2.2007 directed that Shiv Kumar Khare and Saket Kumar Pateriya who were working as subject experts in the institution to be absorbed against two vacancies of lecturer mathematics in Vipin Bihari Inter College, Jhansi hereinafter referred to as the institution. The Regional Joint Director of Education, Jhansi Mandal Jhansi on 30.5.2007 forwarded a letter dated 15.5.2007 to the Director informing him that such absorption has been made against two posts which were within the quota for portion of lecturer Mathematics and, therefore, Shiv Kumar Khare and Saket Kumar Pateriya be absorbed in any other institution. By means of other letter dated 30.5.2007 the Joint Director of Education realizing that no amelan against such vacancy within the promotion quota was permissible stayed the payment of salary to the aforesaid two teachers till further orders. With the change of the Joint Director of Education, Jhansi on 5.10.2007 another order was issued stating that since instructions from the Director are awaited, the payment of salary to the aforesaid two teachers be continued and the order dated 30.5.2007 is set aside. The payment of salary to he teachers accordingly started form the said exchequer.
(2.) This writ petition was filed by one Sri Krishna Kant Soni who has been selected for the post of lecturer mathematics and was recommended for appointment in Vipin Bihari Inter College, Jhansi by the U.P. Secondary Education Services Selection Board. He has not been permitted to join on the post of lecturer mathematics in Vipin Bihari Inter College, Jhansi because of non availability of the post. On the application of the petitioner the District Inspector of Schools and Joint director of Education recommended placement of petitioner in another institution vide letter dated 6.6.2008 which was followed by the order of Director of Education dated 5.9.2008. petitioner has, therefore, approached this Court by this petition. A plea has been raise that two subject experts have wrongly been absorbed against the post of lecturer mathematics in the institution because of which his appointment is not being made to.
(3.) This Court while entertaining the writ petition on 29.3.2010 required the Joint Director of Education to explain as to how Shiv Kumar Khare and Saket Kumar Pateriya could be absorbed against post of lecturer mathematics in the institution.;