- (1.) THIS writ petition is directed against the order dated 25.11.2010 passed by respondent no.2, Director Secondary Education, U.P. rejecting representation of petitioner challenging appointment of respondent no.6 Mohd. Arshad Farooqi as Assistant Teacher in Abdul Karim Khan Inter College, Amroha, District J.P. Nagar (hereinafter referred to as "the College"). Order dated 10.11.2006 whereby approval was granted to the appointment of respondent no.6 by District Inspector of Schools, J.P. Nagar (for short "D.I.O.S.") has also been challenged to the extent it relates to respondent no.6.
(2.) THE facts in brief giving rise to the present dispute are as under: The College is a recognised educational institution by the Board of High School and Intermediate, U.P., Allahabad under U.P. Intermediate Education Act, 1921 (hereinafter referred to as the "Act 1921") and being an aided institution, for the purpose of payment of salary it is governed by U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as "Act 1971"). It is claimed to be a minority institution and its status as minority has also been recognised by the State authorities. In 1998 the College was granted approval to run classes upto Intermediate standard in Science but the said approval was without any financial assistance. The petitioner was appointed as Lecturer. In the year 2006 the committee of management advertised three vacancies in Arts, Mathematics/Science and General. The aforesaid advertisement did not result in the ultimate appointment and instead another advertisement was published in February 2007 advertising again three vacancies of Assistant Teacher(L.T. Grade) in Maths, Social Studies and English. Though the petitioner also applied but he was not selected. Instead, he came to know that against the advertised vacancies, three appointments including that of respondent no.6 have already been made. The petitioner sought necessary information under Right to Information Act and then challenged appointment of respondent no.6, Mohd Ashraf Farooqi in writ petition 21207 of 2010. The aforesaid writ petition was finally disposed of vide judgment dated 20.4.2010, permitting the petitioner to approach Director of Education who would have examine the grievance in view of power vested under Section 16E (10) of Act 1921. In pursuance thereto the petitioner made a representation dated 6.5.2010 and by means of impugned order dated 25.11.2010 the same has been decided by the Director of Education, Secondary, rejecting the claim of petitioner and upholding appointment of respondent no.6.
(3.) THE dispute, therefore, in the present case is confined only to the extent, whether appointment of respondent no.6 as Assistant Teacher (L.T. Grade) is valid and legal or not. A counter affidavit has been filed on behalf of respondents no.3 and 4. It is stated therein that the College is aided upto Intermediate level. Three vacancies of Assistant Teacher (L.T. Grade) occurred out of which two fell vacant due to promotion of Sri Rajiv Shukla and Nasir Husain as Lecturer and one due to retirement of Sri Rafiq Ahmad. The committee of management sought permission to fill up the aforesaid three vacancies which was allowed by D.I.O.S. vide letter dated 26.8.2006. These vacancies were advertised in two newspapers, one in English and another in Hindi. Thereafter appointments were made inasmuch as, Sri Ranveer Singh was appointed as Assistant Teacher (Arts), Sri Mohd. Arshad Farooqi as Assistant Teacher (Maths/Science) and Mohd. Fakir Ghazali as Assistant Teacher (General). These appointments were approved, after obtaining decision of the Regional Level Committee, vide D.I.O.S.'s letter dated 10.11.2006. The petitioner's representation challenging appointment of respondent no.6 was considered by the Director and appointment of respondent no.6 was found valid and in accordance with law, hence the representation was rejected.;