- (1.) Petitioner before this Court seeks quashing of the order dated 12.11.1995 passed by the District Inspector of Schools as also a writ of mandamus directing the respondents to permit the petitioner to work as ad hoc. Assistant L.T. Grade teacher and to pay him salary w.e.f. 14.11.1994. Facts in short giving rise to the present writ petition are as follows: Inter College, Dandiya Mai, Shikohabad, Firozabad is an aided and recognized Intermediate College. According to the petitioner one Maharaj Singh who was working as Assistant Teacher (L.T. Grade) was promoted on the post of Lecturer (Civics) as a result whereof a vacancy in L.T. Grade was caused. Against this vacancy the Committee of Management decided to make ad hoc appointment in accordance with the provision of U.P. Secondary Education Service Commission (Removal of Difficulties) (Second) Order, 1981. It has further been stated that no other teacher working in C.T. Grade was eligible for such promotion against the vacancy caused due to grant of promotion to Maharaj Singh as he was teaching English to the junior classes. The petitioner is stated to have been issued an appointment letter on 7.11.1994 and he joined on 14.11.1994. The appointment was approved by the District Inspector of Schools on 3.5.1995 and the petitioner has been continuously working since then. On certain complaints being received by the District Inspector of Schools he passed an order dated 12.11.1995 whereby payment of salary to the petitioner was stopped and explanation in respect of certain facts was called for from the Management. The management is stated to have submitted its reply. Before any final orders could be passed, the petitioner has approached this Court.
(2.) A counter-affidavit has been filed on behalf of the District Inspector of Schools and it has been stated that the post of Lecturer (Civics) was created in the institution on 29.4.1978 no appointment was made on the said post for nearly 16 years, therefore, in accordance with Regulation 20 of Chapter II of the regulations framed under the Intermediate Education Act, 1921 (as was then applicable), the post stood lapsed/surrendered. No appointment against such a post could be made unless fresh sanction was obtained from the Director. It has therefore, been stated that promotion of Maharaj Singh was illegal. Consequently there was no vacancy against which the petitioner could be appointed. On merits it has also been stated that the appointment of the petitioner has been made contrary to the law laid down by the Full Bench of this Court in the case of Km. Radha Raizada v. Committee of Management, V.D.B.I.C. and other, 1995 25 AllLR 383, as the vacancy had not been advertised in accordance with the statutory provisions applicable. It has lastly been stated that there were qualified teachers in C.T. Grade entitled for promotion against the vacancy but their promotion has not been considered and direct recruitment was illegally resorted to.
(3.) A counter affidavit has also been filed by the respondent No. 3 and it has been stated that Maharaj Singh was appointed/working as Assistant Teacher in L.T. Grade since 1977 and the vacancy caused due to promotion of Maharaj Singh was required to be filled by promotion at the first instance. It is stated that the respondent No. 3 who was working as C.T. Grade teacher was M.A./B.Ed. and was qualified for such promotion.;