Ashok Bhushan, J. - (1.) Heard Sri B.B. Paul, learned counsel appearing for the appellant and learned standing counsel appearing for the State respondents.
(2.) This special appeal has been filed against the judgment dated 2nd July, 1997 of a learned single Judge in Writ Petition No. 21698 of 1995, Anil Kumar Sharma v. State of Uttar Pradesh and Ors. The learned single Judge by the impugned judgment has dismissed the writ petition filed by the petitioner appellant.
(3.) Brief facts giving rise to this appeal are : "Appellant (hereinafter referred to as "the petitioner") claims ad hoc appointment as Lecturer, Geography in Gopi Ram Paliwal Inter College, Aligarh. One Sri S.P. Sharma who was working as Lecturer, Geography retired on 30th June, 1991, causing vacancy on the post of Lecturer, Geography. The management claims to have notified the aforesaid vacancy to the U. P. Secondary Education Service Commission and Selection Board. The management issued an advertisement dated 31.8.1991 in the newspaper 'Amar Ujala' inviting applications for ad hoc appointment on the post of Lecturer, Geography and some other posts, 8th September, 1991, was fixed for the date of interview. Again on 5.12.1992 advertisement was issued in news paper 'Aaj' inviting applications for ad hoc appointment on the post of Lecturer, Geography and some other posts, 17th December, 1992, was fixed as the last date for submission of application. A resolution was passed by the School Selection Committee on 5.2.1993 selecting the petitioner for ad hoc appointment as Lecturer, Geography. On the same day, appointment letter was also issued to the petitioner by the manager and the petitioner claims to have joined on 10th February, 1993. On 12th February, 1993, the manager sent papers of the District Inspector of Schools for approval for payment of salary on the post of Lecturer, Geography. Certain correspondence took place between the manager and the District Inspector of Schools. Ultimately, the District Inspector of Schools vide his order dated 29.4.1995, refused to approve the ad hoc appointment of the petitioner on the ground that the appointment of the petitioner has been made on permanent vacancy to be filled by direct recruitment. It was stated that the management has no jurisdiction to make appointment on permanent post, which is to be filled by direct recruitment. The petitioner filed a Writ Petition No. 21698 of 1995 challenging the said order dated 29.4.1995, passed by the District Inspector of Schools. Before the learned single Judge, the contention was raised on behalf of the appellant that since the selection process was initiated before 14.7.1992 on which date Section 18 of the U. P. Secondary Education Service Commission and Selection Board Act, 1992 was amended, hence the management was competent to make ad hoc appointment and the amended Section 18 has no application. The learned single Judge vide his judgment dated 2.7.1997 dismissed the writ petition. The learned single Judge took the view that the selection process was not initiated through advertisement issued on 31.8.1991 since no steps were taken till second advertisement which was published on 5.12.1992, the learned single Judge held that the selection process started only after second advertisement, hence the contention raised by the counsel for the petitioner-appellant is not acceptable. It was held that in the present case, selection process had been started after 14.7.1992, hence there is no infirmity in the order of District Inspector of Schools. The aforesaid judgment of the learned single Judge has been assailed to this special appeal.;