- (1.) HEARD Sri Siddharth Khare, learned counsel for the petitioner and Sri Pankaj Rai, learned Additional Chief Standing Counsel for the respondents.
(2.) THE brief facts of the case are that one Sri Raja Ram Yadav, Lecturer in Economic in Shri Purshottam Singh Inter College, Rajendra Nagar, Farrukhabad retired on 30.6.1991.As a result of his retirement, on 1.7.1991 one substantive post of Economic Lecturer in Economics had fallen vacant. It appears that to fill up the said vacancy under 50% promotion quota the Committee of Management had sent a letter No. 42/91/92 dated 20.8.1991 to Deputy Director of Education, Kanpur Region, Kanpur for sending the same to the Secretary, Madhyamik Shiksha Sewa Ayog, Allahabad. Further the Committee of Management had sent a letter No. 39/91-92 dated 1.10.1991 for the approval of promotion of Sri Bireshwar Singh under 50% promotion quota under Section 18 of Act No. 5 of 1982. Meanwhile, it appears that the Committee of Management has passed a resolution dated 30.6.1991 for the ad hoc promotion of Sri Bireshwar Singh w.e.f. 1.7.1991 and sent the same for approval to the District Inspector of Schools which has been approved on 4.1.1992 under 50% promotion quota. In para 7 of the writ petition, it is stated that the Committee of Management undertook proceeding for making ad hoc appointment against the aforesaid vacancy of Assistant Teacher in L.T. grade. By means of a notice dated 5.8.1991 the management invited application for making ad hoc appointment against the aforesaid vacancy of Assistant Teacher in L.T. grade. In pursuance thereto the petitioner also applied for appointment. The resolution was passed by the Committee of Management appointing the petitioner on 25.8.1991 and appointment letter dated 26.8.1991 was issued to the petitioner for the appointment of Assistant Teacher in L.T. grade against the short term vacancy. The petitioner took the charge on 30.8.1991. The Management has forwarded all the papers to the District Inspector of Schools for grant of final sanction.
(3.) BY the impugned order dated 17.2.1993 the District Inspector of Schools has refused to grant approval which is impugned in the present writ petition.;