- (1.) Petitioner has sought a mandamus commanding the respondents to treat his ad hoc appointment as deemed approved by District Inspector of Schools under the provisions of U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as "Second Order") and to hold that he is entitled for payment of salary as Assistant Teacher (C.T. Grade) with effect from 9.7.1985.
(2.) Jan Sewa Uchchatar Madhyamik Vidyalaya, Muhiuddinpur, District Allahabad is an institution recognized by Board of High Schools and Intermediate and is governed by provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as "Act, 1971) and U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the "Act, 1982"). It is stated that one Manik Chand Yadav, a confirmed C.T. Grade Teacher in the College was promoted in L.T. Grade on ad hoc basis with effect from 8.7.1985. In para 3 of the writ petition, the date of promotion is mentioned as 8.7.1975. Learned counsel for petitioner during the course of argument stated that the said date is wrongly typed and it is actually 8.7.1985. On the very next date i.e. 9.7.1985 the Committee of Management passed resolution for ad hoc appointment of petitioner on the same date pursuant whereto he claims to have joined. However, no letter of appointed issued to petitioner has been placed on record.
(3.) Be that as it may, it is not in dispute that appointment of petitioner could have been made only after following the procedure prescribed in para 2 of Second Order, which reads as under: "2. Procedure for filling up short-term vacancies.-(1) If short-term vacancy in the post of a teacher caused by grant of leave to him or on account of his suspension duly approved by the District Inspector of Schools or otherwise, shall be filled by the Management of the Institution by promotion of the permanent senior-most teacher of the institution, in the next lower grade. The Management shall immediately inform the District Inspector of Schools of such promotion along with the particulars of the teacher so promoted. (2) Where any vacancy referred to in Clause (1) cannot be filled by promotion, due to non-availability of a teacher in the next lower grade in the institution, possessing the prescribed minimum qualifications, it shall be filled by direct recruitment in the manner laid down in Clause (3). (3) (i) The management shall intimate the vacancies to the District Inspector of Schools and shall also immediately notify the same on the notice board of the institution, requiring the candidates to apply to the Manager of the Institution along with the particulars given in Appendix "B" to this Order. The selection shall be made on the basis of quality point marks specified in the Appendix to the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, issued with Notification No. Ma-1993/XV-7(79)-1981, dated July 31, 1981, hereinafter to be referred to as the First Removal of Difficulties Order, 1981. The compilation of quality point marks shall be done under the personal supervision of the Head of Institution. (ii) The names and particulars of the candidate selected and also of other candidates and the quality point marks allotted to them shall be forwarded by the Manager to the District Inspector of Schools for his prior approval. (iii) The District Inspector of Schools shall communicate his decision within seven days of the date of receipt of particulars by him failing which the Inspector will be deemed to have given his approval. (iv) On receipt of the approval of the District Inspector of Schools or, as the case may be, on his failure, to communicate his decision within seven days of the receipt of papers by him from the Manager, the Management shall appoint the selected candidate and an order of appointment shall be issued under the signature of the Manager. Explanation-For the purpose of this Paragraph- (i) the expression "senior-most t7576eacher" means the teacher having longest continuous service in the institution in the Lecturer's grade or the Trained graduate (L.T.) grade or Trained under-graduate (C.T.) grade or J.T.C. or B.T.C. grade as the case may be; (ii) in relation to institution imparting instructions to women, the expression ''District Inspector of Schools' shall mean the Regional Inspectress of Girls' Schools; (iii)short-term vacancy which is not substantive and is of a limited duration.";