- (1.) HEARD Sri B.N. Asthana for the petitioner and the Standing Counsel for the respondents.
(2.) THE writ petition has been filed for a mandamus directing the respondents to accord financial approval to the appointment of the? petitioner on the post of Assistant Teacher in LT Grade in Janta Uchattar Madhyamaik Vidyalaya, Mukhurpuri, Bijnor.?
(3.) IT has been stated that on upgradation of the school to the standard of high school, various new posts were created by the Director of Education by letter dated 30.7.1989, in which, one post of LT Grade and two posts of CT Grade Teachers were also created. The Management notified the vacancies to the U.P. Secondary Education Service Selection Board, Allahabad for appointment on the aforesaid posts, but the selected candidate was not forwarded for appointment. As such, the Management notified the vacancies and appointed the petitioner as Assistant Teacher in LT Grade on ad hoc basis by order dated 16.12.1992. In pursuance of the appointment letter, the petitioner joined his duty in the college on 22.12.1992. The papers relating to appointment of the petitioner, have been forwarded to the District Inspector of Schools by the Manager through letter dated 4.12.1992, but the financial approval has not been granted to the appointment of the petitioner. In the counter affidavit filed by the Principal, Rajkiya Adarsh Janta Uchattar Madhyamaik Vidyalaya, Shahpur, Zamal, Bijnor, it has been stated that the U.P. Secondary Education Service Selection Board Act, 1982 was amended by U.P. Ordinance No. 21 of 1992 (later on U.P. Act No. 24 of 1992), by which, Section 18 of U.P. Secondary Education Service Selection Board Act, 1982 was amended and under this Section, the Management was authorized to appoint even on ad hoc basis from the candidates who were selected by the Regional Level Committee. The Management was not competent to make any selection, even for ad hoc appointments. As the appointment of the petitioner was not in accordance with the provisions of Section 18 of the Act (which was at the time in force), as such, no financial approval can be granted to the petitioner. Section 18 of the Act (as amended by U.P. Act No. 24 of 1992) is quoted below: - "18. Ad hoc teachers. - (1) Where the management has notified a vacancy to the Commission in accordance with the provisions of this Act, and the post of such teacher has actually remained vacant for more than two months, the management may appoint by direct recruitment or promotion a teacher, on purely ad hoc basis, in the manner hereinafter provided in this section. (2) A teacher, other than a Principal or Headmaster, who is to be appointed by direct recruitment, may be appointed on the recommendation of the Selection Committee referred to in sub -section (9). (3) A teacher, other than a Principal or Headmaster, who is to be appointed by promotion, may in the manner prescribed be appointed by promoting the senior -most teacher possessing prescribed qualifications - (a) in the trained graduate's grade, as a lecturer, in the case of a vacancy in lecturer's grade; (b) in the Certificate of Teaching grade, as a teacher in the trained graduate's grade, in the case of vacancy in trained graduate's grade. (4) A vacancy in the post of a Principal may be filled by promoting the seniormost teacher in the lecturer's grade. (5) A vacancy in the post of a Headmaster may be filled by promoting the seniormost teacher in the trained graduate's grade. (6) For the purposes of making appointments under sub -sections (2) and (3), the Management shall determine the number of vacancies, as also the number of vacancies to be reserved for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories of persons in accordance with the rules or orders issued by the State Government in this behalf. If in determining the vacancies it is found that persons belonging to such categories are not holding such number of posts as should have been held by them in accordance with such rules or orders, then the vacancies shall not be so determined that first and every alternate vacancy shall be reserved for the persons of such categories until the required percentage of posts is held by them. (7) After determining the number of vacancies as provided in sub -section (6) the Management shall within fifteen days from the date of the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Board (Second Amendment) Act, 1992 intimate the vacancies to be filled by direct recruitment to the District Inspector of Schools. If the Management fails to intimate such vacancies within the said period of fifteen days, the District Inspector of Schools may, after verification from such institution or from his own records, determine such vacancies himself. (8) The District Inspector of Schools shall, on receipt of intimation of vacancies or as the case may be, after determining the vacancies under sub -section (7), invite applications, from the persons possessing qualifications prescribed under the Intermediate Education Act, 1921 or the regulations, made thereunder, for ad hoc appointment to the post of teachers, other than Principal or Headmasters in such manner as may be prescribed. (9) (a) For each district, there shall be a Selection Committee for selection of candidates for ad hoc appointment by direct recruitment comprising (i) District Inspector of Schools, who shall be the Chairman; (ii) Basic Shiksha Adhikari; (iii) District Inspectress of Girl's Schools, and where there is no such Inspectress, the Principal of the Government Girls' Intermediate College and where there are more than one such college, the seniormost Principal of such Colleges and where there is no such College, the Principal of the Government Girls' Intermediate College as nominated by the State Government. (b) The Selection Committee constituted under clause (a) shall make selection of the candidates, prepare a list of the selected candidates, allocate them to the institutions and recommend their names to the Management for appointment under sub -section (2). (c) The criteria and procedure for selection of candidates and the manner of preparation of list of selected candidates and their allocation to the institutions shall be such as may be prescribed. (10) Every appointment of an ad hoc teacher under sub -section (1) shall cease to have effect from the date when the candidate recommended by the Commission or the Board joins the post. (11) The provisions of Section 21 -D shall, mutatis mutandis, apply to the teachers who are to be appointed under the provisions of this section.";