N.L.Ganguly - (1.) THE petitioner filed this writ petition challenging the order passed by the District Inspector of Schools, Nainital dated 1st October 1991. By the impugned order, the District Inspector of Schools who had approved the appointment of the petitioner on L.T. grade by order dated 3-7-91 was cancelled by him. Title result was the termination of the petitioner's service. THE petitioner submitted that she is fully qualified to be appointed as Asstt. Teacher in L T. grade. She passed her High School, Intermediate and B. A. in Had division and M.A in IIlrd division and obtained L.T. diploma for teaching as L. T. grade teacher. An advertisement was published for appointment of Asstt. L T. grade teacher on adhoo basis as the post of one L T. grade teacher had fallen vacant on account of ad hoc promotion of the previous L.T. grade teacher to Lecturer grade on adhoc promotion. THEre were three: such promotions and three such LT. grade vacancies to be filed in by adhoc appointment. THE petitioner had passed her B.A. with Hindi, Sanskrit and History. According to advertisement in the news paper Amar Ujala, it was specified that preference would be given to candidates having Hindi and Sanskrit in B. A. the petitioner was called for appearing before the Interview Board. THE Committee selected her for being appointed as Asst. Teacher in L. T. grade. Before publishing the advertisement for appointment, the Committee of Management of the College had already communicated to the D.I.O.S. about the existing vacancy to be filled in. After the selection was made by the Selection Committee, list was sent to the DI.O.S. for approval vide letter dated 8-12-90. THE D.I.O.S. vide letter/order dated 3-7-91 approved the adhoc appointment of the petitioner in L. T. grade till the reversion of Sri Hari Dutt Pandey to the L T. grade. After the receipt of the communication about the selection by the Selection Committee, the D I.O S. had sent number of letters making query about the applications and selection made by the Selection Committee. THE letter dated 3-7-91 was sent by the D.I.O.S- after he had fully satisfied himself that selection was made according to due procedure. It was only after the approval was granted by the D.I.O.S. the appointment letter was issued to the petitioner dated 11-7-91 and petitioner joined the Institution on 19-7-91.
(2.) IT appears that a representation was sent by Smt. Meena Gambhir before the Dy. Director of Education for a direction that the approval and selection for the adhoc appointment of the petitioner be cancelled and she be given appointment of L T. grade Asstt. Teachers post. The Dy. Director of Education by letter dated 13th August 1991 called for a report from the D.I.O.S. and be had also directed the D.I OS to recall the approval granted by him and review the matter afresh. The DIOS after reviewing the order approving the petitioner's selection for appointment of adhoc teacher in L.T. grade, cancelled the same At the time of initial admission of the writ petition, a caveat was put in on behalf of Smt. Meena Gambhir through Sri J. C. Joshi, Advocate. The petition was heard by me and it was clear from the record that before passing the order the Dy. Director of Education by which he had directed D.I.O S to reconsider the selection made by the Selection Committee and cancel the selection of the petitioner already made. This order was passed without giving any opportunity to the petitioner The Dy. Director of Education, Kumaon Region, Nainital had considered the representation of Smt Meena Gambhir without giving any opportunity to the petitioner which was patently in violation of the rules of natural justice After arriving to r:he conclusion that the order of Dy. Director of Education was passed in utter violation of the rule of natural justice. I had directed the Dy. Director of Education. Kumaon Region. Nainital to consider the representation of Smt. Meena Gambhir and representation of Km. Renu Pant petitioner and decide by reasoned order within one month from filing certified copy of the order before him after giving due opportunity of hearing to them. After the above direction was given, the Dy. Director of Education passed a reasoned order dated 20th November 1991 by which the selection of petitioner was said to be wrong and liable to be cancelled and recommended that Smt. Meena Gambhir, Caveator-opposite party be appointed on adhoc basis as Asstt. Teacher in LT grade. The copy of the order has been annexed as Annexure 3 with the: supplementary affidavit filed by the petitioner. After the order of the Dy Director of Education was received, the petitioner submitted the supplementary affidavit and an application for amendment in the prayer of the writ petition and added certain new grounds in the writ petition, filed the copies of representations filed by the petitioner and Smt. Meena Gambhir, opposite party also. The parties have exchanged their affidavits and rejoinder affidavit. The petition is ready for final hearing and disposal. The learned counsel for the parties consented that petition may be finally disposed of. The amendment application i led and supplementary affidavit seeking addition of grounds in the petition stands allowed.
(3.) AFTER hearing the learned counsel for the parties, the questions for considerations by this Court are as under :- (i) Whether the selection of the petitioner on the post of Asstt. Teacher L.T. grade on adhoc basis which was approved by the D.I.O.S. before appointment could be reviewed legally ? (ii) Whether the Dy. Director of Education was justified in issuing a direction to the D.I.OS. for reviewing the approval granted by him and direct for cancelling approval ? (iii) Whether the D.I.O.S. could review the order passed by him in any circumstances and (iv) Whether the D.I.O.S would interfere in the matter of decision as to the subject for which teacher is required in the School ? A perusal of the order of the Dy. Director of Education shows that there was a post for advertisement for Asstt. Teacher L T. grade (General) which prefers Intermediate Sanskrit B.A. Hindi and History. The other three posts advertised for Asstt. Teacher prescribed preference to B.A. Sanskrit, Geography and M.A. Hindi, B.Sc. Math, B.Sc. Zeology. The aforesaid three posts are not under consideration nor petitioner or opposite party are interested for it nor had applied for it. The Dy. Director of Education mentioned in his order that [petitioner Km. Renu Pant passed her High School Examination in Ilnd Division, Intermediate in Ilnd Division with Hindi, Home Science, History, Sanskrit, Civics, B.A. Ilnd division with Literary Hindi, General Hindi, History and Sanskrit. M.A. Ilnd division History, M.A. Ilnd division, Sanskrit, M.A. Ilnd division Hindi, B.Ed. 3-2 division.;