S.Ambwani, J. - (1.) By means of this petition under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari quashing the order dated 7.2.2000 passed by the Joint Director of Education, IV Region, Allahabad. The petitioner also seeks a writ of mandamus directing the respondents to treat the petitioner as validly appointed ad hoc Assistant Teacher L.T. Grade in Kidwai Memorial Girls Inter College, Allahabad and pay her salary w.e.f. 14.2.1999 and current salary regularly month to month with all consequential benefits.
(2.) The petitioner alleged that a substantive vacancy was caused on the retirement of Smt. Noorjahan Abdi on 30.6.1998 as Assistant Teacher L.T. Grade in Kidwai Memorial Girls Inter College, Allahabad (hereinafter referred to as the institution). The management of the institution intimated the aforesaid vacancy to the District Inspector of Schools, Allahabad. The District Inspector of Schools (II), Allahabad vide his letter dated 28.9.1998 (Annexure-1 to the writ petition) granted permission to the Management to fill up the post. In pursuance of the permission, the Management advertised the vacancy, and after following the process of selection, the petitioner was appointed as an Assistant Teacher in L.T. Grade. The District Inspector of Schools, however, did not accord financial approval of the appointment. The petitioner filed a writ petition in which a direction was issued to the Regional Joint Director of Education to decide the representation of the petitioner. The representation of the petitioner was decided by the Joint Director of Education vide his order dated 7.2.2000, by which he has accepted the contention of management that there are 23 sanctioned posts and that there was no vacancy, for appointing the petitioner and that there was a ban on the appointment vide Government Orders dated 17th and 30th July, 1991.
(3.) I have heard learned Counsel for the parties.;