- (1.) Heard learned Counsel for the Petitioners and the learned standing counsel for the State Respondents.
(2.) The Petitioner was appointed against the substantive vacancy created on account of retirement of Shri M.C. Bansal of LT Grade. After duly notifying the vacancy to the Commission, the Committee of Management proceeded to fill up the same. Selections were held in July, 1991 and thereafter, papers were forwarded to the District Inspector of Schools, Aligarh (for short 'the DIOS') for granting approval, which were received in his office on 25.10.1991. By the impugned order dated 8.10.1992 the DIOS declined to approve the selection and appointment of the Petitioner on two grounds. Firstly, that the Management had failed to furnish complete papers to the Commission while notifying the vacancy; and secondly, that there was a ban of the State Government on making ad hoc appointment. The said order was challenged by means of present writ petition.
(3.) While entertaining the writ petition this Court passed an interim order dated 11.11.1992 to the effect that the Respondents shall not interfere with the functioning of the Petitioner as teacher in the institution in question and in case he is discharging his function, he shall be entitled to draw his salary. According to the Petitioner, he is continuing to teach in the institution and is drawing his salary.;