Rakesh Tiwari - (1.) -Heard the learned counsel for the parties and perused the records.
(2.) THIS writ petition has been filed praying for the writ of certiorari quashing the order dated 6/18.3.1993 passed by the District Inspector of Schools, Ghaziabad, which is appended as Annexure-12 to the writ petition. By the impugned order, the District Inspector of Schools has held that the appointment of the petitioner was made during the period 31.8.1991 to 14.7.1992 is illegal as it has been made in violation of the ban on appointment imposed by the State Government during the aforesaid period and that his appointment is against Section 18 of the Madhyamik Shiksha Adhiniyam and reservation policy prescribed under the G.O. dated 26.9.1991. He declined to grant any financial sanction for the appointment of the petitioner. The brief facts of the case are that Shri Krishan Inter College, Niwari district Ghaziabad, is a recognised institution, hereinafter referred to as the institution. One Shri Suraj Pal Sharma was a permanent lecturer in Hindi in the said college and he retired from service on 30.6.1990, thereby giving rise to a substantive vacancy of lecturer in Hindi.
(3.) MERE perusal of Annexure-4 to the writ petition shows that the said vacancy was advertised on the notice board and was not advertised in two newspapers having wide circulation. The vacancy of the lecturer in Hindi was reserved for Scheduled Caste candidate. It was further provided in the notice that in case of non-availability of Scheduled Caste candidates, candidature of general candidates may also be considered. It is alleged that this condition is in accordance with the Government order providing for reservation in private aided institutions which permits the management to make appointment of general candidate, in case no person belonging to reserve category has applied. It is further alleged that in the selection, no candidate belonging to reserve category had applied for appointment as the petitioner who was a general candidate had been selected and had been appointed. According to the averments made in the writ petition, a requisition in respect of the aforesaid vacancy was sent on 24.9.1990 to the U. P. Education Service Commission through the District Inspector of Schools, Ghaziabad, for regular selection, but no selection was made by the Commission. As the vacancy continued, the management of the college decided to make ad hoc appointment on the post of lecturer in Hindi and invited applications by notice dated 25.6.1992. The petitioner also applied against the vacancy and was selected. The Committee of Management by its resolution dated 5.7.1992, Annexure-5 to the writ petition, approved the appointment and issued appointment letter on that date.;