- (1.) HEARD learned counsel for the petitioner and perused the record.
(2.) THE petitioner is seeking a writ of mandamus commanding the respondents to pay salary on the post of Assistant Teacher in primary section of Rashtriya Kanya Inter College, Sidhauli, Sitapur.
(3.) IT is not in dispute that being a part and parcel of secondary educational institution the recruitment on the post of Teacher could have been made in accordance with the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the "Act, 1921") read with U.P Secondary Education Service Selection Board Act, 1982 (hereinafter referred to as "Act, 1982") and Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981 (hereinafter referred to as "First Order"). No such provision has been followed at all. The incumbent, Smt. Beena Mehrotra who was working as Assistant Teacher (B.T.C.) resigned on 01.07.2000 which was accepted by Management. Date of acceptance of resignation has not been stated in the petition. Thereafter petitioner was appointed on 16.08.2000 as Assistant Teacher. When vacancy was advertised and whether procedure laid down in First Order was followed is neither stated nor it is pleaded and on the contrary from the facts stated it is evident that appointment has been made within one and half month from the date the earlier occupant of the post is said to have resigned. The appointment is per se illegal being in the teeth of Section 18 of Act, 1982 read with First Order.;