- (1.) By means of the present petition, the petitioner is challenging the order dated 8th December, 2000, passed by the District Inspector of Schools, Varanasi, Annexure-10 to the writ petition, by which the District Inspector of Schools refused to accord approval to the appointment of the petitioner and for payment of salary.
(2.) It appears that on account of promotion of one Ram Naresh Singh, an Assistant Teacher in L.T.Grade, on 2.11.1987, one post fallen vacant. For filling up the said post, on adhoc basis, the Manager of the College made publication in the news paper inviting applications from eligible candidates for the post and asking them to appear for interview on 22.7.1997. In pursuance thereof, the petitioner also participated in the interview and has been selected. The petitioner has been issued an appointment letter on 29.7.1997. In the appointment letter, it has been categorically mentioned that the petitioner is being appointed on the post of Assistant Teacher, which has fallen vacant on account of promotion of Ram Naresh Singh, temporarily in view of the resolution dated 22.7.1997 of the selection committee and the resolution no.2, dated 29.7.1997 of the committee of management till the regular appointment is made by the Commission. It has also been mentioned that the salary would be paid on the financial approval by the District Inspector of Schools. The petitioner joined the post on 30.7.1997. The Manager of the College, vide letter dated 31.7.1997, sought approval from the District Inspector of Schools, Varanasi. Thereafter, the petitioner wrote a letter dated 25.11.1997 to the District Inspector of Schools, Varanasi and requested to accord approval for payment of his salary. Further, a reminder letter has been sent on 1.1.1998 and again on 13.8.1998. When the approval has not been accorded by the District Inspector of Schools, Varanasi, the petitioner filed Writ Petition No. 14321 of 1999 for a direction to the District Inspector of Schools, Varanasi to decide the question of grant of financial approval. This Court, vide order, dated 8.4.1999 disposed of the writ petition directing the District Inspector of Schools, Varanasi to decide the question of grant of financial approval within a period of three months from the date of production of a certified copy of the order. In pursuance thereof, the impugned order has been passed.
(3.) The District Inspector of Schools has refused to grant the approval on the ground that the post has fallen vacant on 2.11.1987 on account of promotion of Ram Naresh Singh while the committee of management has appointed the petitioner in the year 1997, that is, after ten years when the post had become dead and no effort has been made by the committee of management to get it revived. Neither any prior approval has been taken before proceeding to make the appointment nor the appointment in question has been made in accordance to the principles laid down by this Court in the case of Radha Raijada vs. State of U.P. and others,1994 UPLBEC 1551. It has been further observed in the order that neither the advertisement has been published in a State level news paper nor the names have been called from the local Employment Exchange Office. By the order dated 14.10.1981 of this office, two posts of the lecturer and 13 posts of L.T. Grade Teachers have been unnecessarily sanctioned, though the vacant post of 1987 became dead, but without giving any information to this office and without any prior approval and without any need, against the rules, the appointment has been made by the committee of management arbitrarily. The process of appointment was faulty as no selection committee was constituted for the selection because in the letter dated 16.2.2000 of the Manager of the College by which the merit list has been provided, there was the signature of the Manager only and there was no signature of any other member of the selection committee, if constituted.;