- (1.) On a short term vacancy having occurred on the post of L.T. Grade Teacher in the Institution in question the appellant-petitioner was selected and appointed by the Committee of Management. When salary was not paid to the appellant-petitioner, a writ petition was filed whereafter the District Inspector of Schools rejected the claim of the appellant-petitioner. The appellant-petitioner then filed another writ petition challenging the order of the District Inspector of Schools, which was allowed with the direction to the District Inspector of Schools to decide the matter afresh. The District Inspector of Schools, by order dated 5.1.2004 rejected the claim of the appellant-petitioner on the ground that the appointment of the appellant-petitioner was made in an illegal and arbitrary manner and thus approval to the same could not be granted. Challenging the said order of the District Inspector of Schools the appellant-petitioner filed Writ Petition No. 1595 of 2004 which has been dismissed by the judgment and order dated 10.11.2004. Aggrieved by the same this appeal has been filed.
(2.) Heard Sri Shailendra, learned Counsel for the appellant-petitioner as well as the learned Standing Counsel appearing for the State respondent Nos. 1 and 2 and Sri Devendra Kumar, learned Counsel appearing for the private respondent Nos. 3 and 4 and have perused the record.
(3.) It is not disputed that the appointment on the short term vacancy of L.T. Grade Teacher was to be made in terms of the Second Removal of Difficulties Order, 1981. The said Order of 1981 clearly provides that the selection shall be made on the basis of quality point marks specified in the appendix and that the compilation of the quality point marks shall be done under the personal supervision of the Head of the Institution. It is not disputed that besides the quality point marks, which were awarded to the candidates who had applied, an interview of the candidates was also conducted and the list, which was forwarded to the District Inspector of Schools, was of the quality point marks as well as the marks awarded to the candidates in the interview.;