- (1.) This writ petition is directed against the order dated 19.07.2001 passed by the District Inspector of Schools, Sidharth Nagar, rejecting the representation of the petitioner and refusing to grant financial approval to his appointment as Assistant Teacher in the L.T. Grade in the Rudra Pratap Higher Secondary School.
(2.) The facts as alleged by the petitioner are as follows: On 30.06.1993 a substantive vacancy arose in the Rudra Pratap Higher Secondary School, Latera, District Sidhartha Nagar, due to the retirement of the incumbent, one Rafiullah. The said vacancy was notified to the Commission but since no regular selection was made, the Management decided to fill the vacancy by an ad-hoc appointment after obtaining sanction from the District Inspector of Schools. It is further alleged that the post was advertised, calling upon the candidates possessing Diploma or Degree in Physical Training to apply for the said post of Assistant Teacher. A duly constituted Selection Committee recommended the petitioner for the post in question. An appointment letter was issued on 02.07.1993 and the petitioner joined duty the same day and continued to work thereafter. The relevant documents were forwarded to the District Inspector of Schools in November, 1993. When no action was taken by the DIOS, the petitioner made a representation on 24.10.2000 to the Secretary, Secondary Education, whereupon, the Director of Education was required to pass orders in this regard. When the Director of Education also failed to pass any order in the matter, the petitioner filed Writ Petition No. 1358 of 2001 which was disposed of by the order dated 12.04.2001 directing the District Inspector of Schools, Siddarth Nagar to decide the question of granting approval to the appointment of the petitioner expeditiously preferably within a period of three months from the date of production of the certified copy of the order. It is thereafter that the District Inspector of Schools has passed the impugned order on 19.07.2001.
(3.) I have heard Sri Rahul Jain, Learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents 1 and 4. Even though the matter was taken in the revised list, the Counsel for the Committee of Management, Sri S.P. Singh was not present. The respondent no:3, is not represented.;