- (1.) As far as first writ petition is concerned it has become infructuous in the sense that through interim order dated 19.10.1994 passed in the said writ petition, petitioner's representation was directed to be decided. It is alleged by the petitioner that thereafter some order in his favour was passed by the D.I.O.S. on 13.12.1994, however in spite of that salary was not paid to him. Thereafter, petitioner filed Writ Petition No.20863 of 2001 which was disposed of on 25.05.2001 and Additional Director of Education was directed to decide petitioner's representation. The representation was decided/ rejected through order dated 19.04.2004 passed by Additional Director of Education (Secondary), U.P. Allahabad, which order has been challenged through the second writ petition. Accordingly, first writ petition is dismissed as infructuous.
(2.) Petitioner claims that Rashtriya Inter College, Jamuhai, Jaunpur is recognised and aided intermediate college, in which petitioner was appointed as Physical Training Instructor in L.T. Grade after retirement of previous incumbent Sri Ambika Prasad Pandey, who had retired in 1990. It is further stated that manager intimated the vacancy to the D.I.O.S. on 06.10.1990 and the D.I.O.S. forwarded the same to Deputy Director of Education, Varanasi along with covering letter dated 11.07.1991, however no selection was made by U.P. Secondary Eduction Service Selection Board/ Commission, hence the management under Section 18 of U.P. Secondary Education Service Selection Act, 1981 appointed the petitioner after advertising the post in a newspaper dated 08.05.1992. The name of the newspaper is shown as ''Pratibimb'. This is such type of newspaper about which no one has heard and these are published and antidated for creating evidence only. It has got absolutely no circulation. It is stated that resolution to appoint the petitioner on ad-hoc basis was passed on 26.06.1992 and appointment letter was issued on 28.06.1992. In the impugned order, Annexure-10 to the writ petition, it is mentioned that there was restriction on appointment. It is also mentioned that advertisement was issued only in one newspaper instead of two and management had no right to make appointment.
(3.) In the full bench authority of this court reported in Radha Raizada vs. Committee of Management, 1994 3 UPLBEC 1551, it has been held that even under old Section 18 of U.P. Secondary Eduction Service Commission Act, appointment could not be made directly by the management without involvement of D.I.O.S. and procedure prescribed under First Removal of Difficulties Order was to be followed. Under First Removal of Difficulties Order, the first requirement was for publication in two newspapers having wide circulation. In the instant case, advertisement was issued only in one newspaper and that also having no circulation. Apart from it, under First Removal of Difficulties Order as explained by the aforesaid full bench authority, appointment was to be made with active participation of the D.I.O.S. in the process of selection.;