B L. Yadav, J - (1.) - By present petition under Article 226 of the Constitution prayer is that the respondents may be directed not to interfere in the working of the petitioner as an Assistant Teacher in L.T. Grade in Shri Salig Ram Sharma Smarak Inter College Rasna, Meerut and to pay his regular salary including the arrears of his salary with effect from 11-12-1989.
(2.) THE factual matrix of the case is that in the vacancy caused on the retirement of Mange Ram, Permanent lecturer in Hindi, one Kanhaiya Lal Nautiyal, Permanent Assistant Teacher in L. T. Gride was promoted, with the result one vacancy of Assistant Teacher in L. T. Grade occurred in the Insti- tution. In that vacancy, Committee of Management appointed the petitioner as an Assistant Teacher in L T. Grade on ad hoc basis, in view of the provisions of U. P. Secondary Education Removal of Difficulties Order 1881 (for short Order 1981). THEreafter complete papers pertaining to the appointment of petitioner were sent to the District Inspector of Schools which were received in his office on 26-12-1989, but the District Inspector of Schools did not communicate his decision till date, hence this petition has been filed. Inspife of time being granted by this Court, no counter affidavit has been filed by the respondents, learned counsel for the parties agreed that this petition may be disposed of on merits. Learned counsel (or the petitioner urged that the provisions of paragraph 2 (2) (iii) of Order, 1981, are mandatory in nature, which is obvious by the use of word 'shall' accordingly after expiry of 7 days from the date of receipt of papers, there is a deeming clause to the effect that in case no decision of D.I.O.S. is communicated, it shall be deemed that the approval has been accorded.
(3.) LEARNED Standing Counsel supported the impugned order. The provisions of paragraph 2 (2) (iii) of Order 1981 are set out : "The District Inspector of Schools shall communicate his decision within seven days of the date of particulars by him failing which the Inspector will be deemed to have given his approval." The aforesaid provision makes it evident that the legislature was conscious in using the word 'shall' which ordinarily means must or imperative. But sometime the context may require that the word 'shall' can indicate permissive or a directory sense. What is decisive is the consequence or non compliance. Any way no universal rule can be indicated to ascertain the meaning as to whether legislature intended a particular provision to be directory or mandatory. In each case one has to look to the subject matter, to the importance of the provision and the consequence to disregard it. In the present case the consequence has been provided. In case the District Inspector of School does not communicate his decision, it shall be presumed that he has accorded his approval. The word 'shall' here means 'must' or imperative. The legislative intendment was that the District Inspector of School must convey his decision, within seven days.;