Umeshwar Pandey, J. - (1.) This special appeal has been directed against the impugned judgment and order of the leaned Single Judge dated 9.3.1997 whereby me appellant's writ petition seeking the relief for quashing is termination of service as an Assistant Teacher in Shri Jawahar Inter College, Bamrauli, District Meerut was dismissed.
(2.) The appellant petitioner was selected in a short-term vacancy as Assistant Teacher in the institution and the management sent the necessary papers for approval of the appointment to the District Inspector of School (here-in-after abbreviated as D.I.O.S.) with a covering letter dated 22.11.1988. The letter remained unreplied. Since no approval was communicated by the D.I.O.S. within the statutory period of seven days as contemplated under Clause 2(3)(III) of U.P. Secondary Education Services Commission (Removal of Difficulties) (II) Order, 1981, the management appointed the petitioner as Assistant Teacher after expiry of the said period. He started functioning in the institution w.e.f. 1.12.1988 but no salary was paid to him for want of financial approval form the D.I.O.S. Accordingly, the petitioner moved this Court through a Writ Petition No. 13382 of 1989 and obtained an interim order directing the respondents i.e. D.I.O.S. etc. to pay salary to him. The said writ petition was finally allowed and a writ of mandamus was issued directing payment of salary w.e.f. 1,12.1988 with interest on the amount of arrears. In the year 1993, the management of the institution raised some objection with regard to the essential qualifications of the petitioner for this appointment to the post of Assistant Teacher. It was found that the Bachelor degree of education obtained by the petitioner from Maithli Vishwa Vidyapith-Sankat Mochan Dham, Darbhanag, Bihar, was not a valid degree, as the said University was not recognized by the University Grants Commission. Thereafter, the petitioner obtained permission from the management to carryout his fresh B.Ed, course from another University in pursuance to which he obtained the degree from Maharshi Dayanand University, Rohtak in the year 1993-94. However, the management found that since the very selection of the petitioner in the year 1988 was dehors the rules and void ab-intio for want of 'the essential qualification from a recognized University, he was given show cause notice in January, 1997 and ultimately by the order dated 12.2.1997 which is challenged in the petition, his services was terminated. The appellant-petitioner then, has come up before this Court under Article 226 of the Constitution of India.
(3.) The respondent-management had filed a counter affidavit and had taken the plea that since the initial selection of the petitioner as Assistant Teacher was void for want of the necessary qualification for such appointment, he did not acquire any right to continue in the institution and hence his services has been terminated. Subsequent acquisition of the degree of B.Ed. from another University in the year 1993-94 could not rectify the inherent illegality of his selection made in the year 1988.;