A.K.YOG, J. - (1.) HEARD Sri S.P. Pandey, Advocate on behalf of the petitioners, Sri S.K. Chaubey on behalf of respondent No. 3/Committee of Management, Sarvodaya Kisan Intermediate College, Kauri Ram, Gorakhpur, called the college, Sri Abhinav Upadhyay, learned Standing Counsel on behalf of the respondents No. 1 and 2, District Inspector of Schools and another and perused the record.
(2.) THE college is a recognised Government aided educational institution governed by the provisions of U.P. Intermediate Education Act, U.P. Secondary Education Services Commission and Selection Board Act, 1982 and Payment of Salaries of Teachers and other Employees Act, 1971. Narsingh Rai, Lecturer (Civics) and Ram Niwas Rai, Lecturer (Economics) of the college attained the age of superannuation and retired on 30 -6 -1995. As a consequence thereof, two posts of Lecturer, under promotional quota, fell substantively vacant. Consequently, two Assistant Teachers in L.T. Grade, namely, Devi Dutt Singh and Ram Kinkar Rai, were given ad hoc promotion on the aforesaid posts of Lecturers (held by Narsingh Rai and Ram Niwas Rai). The two posts of Assistant Teachers in L.T. Grade (held by Devi Dutt Singh and Ram Kinkar Rai) treating the vacancies on short term basis, were notified on the notice board of the college and also advertised in local newspaper (paragraph -6 of the writ petition). The Committee of Management in its meeting held on 19 -11 -1995 considered the question of filling up aforesaid vacancies and constituted a Selection Committee. According to petitioners, they were selected and directly appointed on the two posts of Assistant Teachers L.T. Grade, which had fallen vacant due to ad hoc promotion of Devi Dutt Singh and Ram Kinkar Rai. Requisite papers and proforma, according to the petitioners, were sent to the District Inspector of Schools, Gorakhpur for approval. The D.I.O.S., however, refused to accord approval/financial sanction, vide impugned order dated 29 -12 -1995/Annexure -7 to the petition passed on Manager's letter, on the ground that Department has imposed ban w.e.f. 9 -6 -1995 on appointments and hence, it was not possible for the said authority to extend financial sanction.
(3.) AGGRIEVED by the aforesaid order dated 29 -12 -1995/Annexure -7 to the petition, (passed on the letter of the Manager of the College), the petitioners have approached this Court by filing instant writ petition.;