- (1.) Heard Sri B.B. Paul, Senior Advocate assisted by Sri A.P. Paul, learned counsel for the petitioner, learned Standing Counsel and Sri Saurabh Basu for the respondent. Shri Teeka Ram Girls Inter College, Aligarh (hereinafter referred to as "College") is admittedly an Intermediate college governed by U.P. Intermediate Education Act, 1921 (hereinafter referred to as "1921 Act") and in the matter of payment of salary it is governed by Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as "1971 Act"). For the purpose of recruitment it is regulated by Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as "1982 Act").
(2.) It is said that due to death of one teacher on 25.1.1988 a vacancy arose in which the petitioner was appointed by Committee of Management by advertising the vacancy and making selection. The petitioner was appointed by letter dated 27.12.1989 pursuant whereto she joined on 1.1.1990 and since then she is continuously working. It is stated that since thereafter since no person from Commission is selected and recommended, the petitioner has continued and is entitled to be considered for regularization.
(3.) Once it is admitted that vacancy in question, on which petitioner claim appointment due to death of incumbent holding the post, was a substantive vacancy, undisputedly it could have been filled by following the procedure prescribed in para 5 of Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981 (hereinafter referred to as "First Order"). The provision as it was on the statute book in 1989 when the petitioner claims to have been appointed, ought to have been followed. It reads as under: 5. Ad hoc appointment by direct recruitment.-(1) Where any vacancy cannot be filled by promotion under paragraph 4, the same may be filled by direct recruitment in accordance with clauses (2) to (5). (2) The management shall, as soon as may be, inform the District Inspector of Schools about the details of the vacancy and such Inspector shall invite applications from the local Employment Exchange and also through public advertisement in at least two newspapers having adequate circulation in Uttar Pradesh. (3) Every application referred to in Clause (2) shall be addressed to the District Inspector of Schools and shall be accompanied- (a) by a crossed postal order worth ten rupees payable to such Inspector; (b) by a self-addressed envelope bearing postal stamp for purposes of registration. (4)(a) The District Inspector of Schools shall cause the best candidates selected on the basis of quality points specified in Appendix. The compilation of quality points may be done on remunerative basis by the retired Gazetted Government servants under the personal supervision of such Inspector. (b) Where two or more candidates obtain equal quality points, the candidate obtaining higher percentage of marks in all examinations (High School, Intermediate, Graduate Degree and Post-Graduate Degree) essential for the particular grade, shall be placed higher and if such percentage is also equal, the candidate obtaining higher percentage of marks in the last essential examination of degree, as the case may be, shall be placed higher. In case percentage of marks in the last essential examination degree is also equal, the candidate senior in age shall be placed higher. (5) If more than one teacher of the same subject or category is to be recruited for more than one institution, the names of the selected teachers and names of the institution shall be arranged in Hindi alphabetical order. The candidate whose name appears on the top of the list shall be allotted to the institution the name whereof appears on the top of the list of the institution. This process shall be repeated till both the lists are exhausted.;