- (1.) HEARD Sri M.M. Tripathi, holding brief of sri B.D. Mandhyan, Senior Advocate and Standing Counsel, for the respondents.
(2.) THE writ petition has been filed for quashing the order of District Inspector of Schools, dated 29.04.1995, withholding approval of adhoc appointments of the petitioners in 'short term vacancy', for not observing provisions of reservation as provided under U.P. Public Service (Reservation for scheduled Castes and scheduled Tribes and Other Backward Classes) Act, 1994 at the time appointments.
(3.) DAYANAND Chaubisa Inter College Mohana, Buland Shahar, is an institution recognized under U.P. Intermediate Education Act, 1921 and receiving grant -in -aid from State of U.P. During 1991, seven lecturers in the College retired. The vacancies were notified to the U.P. Secondary Education Service Selection Board, U.P. at Allahabad but appointment could not be made. The Committee of Management, therefore, in order to watch the interest of the students, promoted seven teachers in L.T. Grade on adhoc basis as Lecturers. Due to which short term vacancies in L.T. Grade arose. The Committee of Management took prior approval of District Inspector of Schools for filling up short term vacancies of L.T. Grade and advertised the vacancies on 14.08.1994. In the advertisement, four posts were reserved for scheduled Castes and scheduled Tribes but it was clarified that in case suitable candidates of the reserved category would not be available then the vacancies would be filled up from general category candidates. In pursuance to the aforesaid advertisement, the petitioners applied for appointments. The Selection Committee as constituted by Committee of Management with approval of District Inspector of Schools, made selection, in which the petitioners were selected. The Committee of Management through resolution dated 11.09.1994 approved the selection and submitted papers for approval to District Inspector of Schools. District Inspector of Schools, through letter dated 16.09.1994 made query as to why any candidate of reserved category was not appointed. The Committee of Management gave its reply that in the selection suitable candidate of reserve category could not qualify as such although four posts were reserved but it were filled up from general category. District Inspector of Schools also called for a report from the Accounts Officer, who also submitted his report and recommended for approval. District Inspector of Schools then vide letter dated 28.10.1994 granted approval.;