- (1.) HEARD Sri Anil Kumar Nishad, Advocate, holding brief of Sri H.B.Singh, learned counsel for the petitioner, learned Standing Counsel for the respondents and perused the record.
(2.) RAMRAJ Inter College, Patti, District Pratapgarh (hereinafter referred to as "College") is imparting education upto intermediate and is recognized from the Board of High School and Intermediate, U.P. Allahabad. It is governed by the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "1921 Act"), U.P. Secondary Education Service Selection Board Act, 1982 (hereinafter referred to as "1982 Act") and U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as "1971 Act").
(3.) ONE Gangadhar Mishra, working as Assistant Teacher, L.T.Grade, retired on attaining the age of superannuation and after completion of session, on 30.6.2001, causing a vacancy on the post of Assistant Teacher, L.T. Grade on 01.07.2001. It is said that Management sent a requisition dated 25.6.2001 to the District Inspector of Schools, Pratapgarh (hereinafter referred to as "DIOS") intimating him vacancy. Thereafter, Management proceeded to make selection and appointment on the aforesaid post at its own level and got an advertisement published in daily newspaper "Dainik Lok Mitra" on 03.9.2001 inviting applications upto 12.9.2001 and notifying date of interview as 14.9.2001. It is said that petitioner was selected and consequently Committee of Management, vide resolution dated 18.9.2001 took a decision to appoint him. A letter of appointment was issued to the petitioner on 19.9.2001 appointing him on ad hoc/short term basis till regularly selected candidate from the U.P.Secondary Education Service Selection Board (hereinafter referred to as "the Board") is available. The documents, seeking approval for petitioner's appointment, were referred to DIOS vide Management's letter dated 20.9.2001.;