- (1.) HEARD Sri Anil Bhushan, learned counsel for petitioner, and learned Standing Counsel for respondents.
(2.) AGGRIEVED by order dated 18.7.1996 (Annexure 8 to the writ petition) passed by District Inspector of Schools, Agra (hereinafter referred to as "DIOS") declining to grant approval to petitioner's ad hoc appointment on the post of Assistant Teacher (L.T. Grade), petitioner, Ram Prakash, has come up in this writ petition under Article 226 of the Constitution, seeking a writ of certiorari for quashing the order dated 18.7.1996 and also a writ of mandamus directing the respondents to treat the petitioner appointed on the post of Assistant Teacher (L.T. Grade) and pay salary accordingly regularly and month to month with effect from 3.2.1996.
(3.) THE case set up by petitioner is that Shri Swami Devidas Uchchhatar Madhyamik Vidyalaya, Vas Garhi Kalia, District Agra (hereinafter referred to as "College") is a secondary educational institution, duly recognized by Board of High School and Intermediate Education under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "Act, 1921"). For the purpose of salary of its teaching and non teaching staff and for recruitment of teaching staff, the College is governed by U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as "1971 Act") and U.P. Secondary Education Service Selection Board Act, 1982 (hereinafter referred to as "1982 Act") . One Janardan Shastri was Principal of the College and retired on 30.6.1995 on attaining the age of superannuation whereafter senior most L.T. Grade Teacher, Rati Ram Chahar was given ad hoc promotion on the post of Principal which was approved by DIOS vide order dated 13.12.1995. Thereafter, in the resultant short term vacancy, on the post of Assistant Teacher (L.T. Grade), the Committee of Management of the College, proceeded for ad hoc appointment in accordance with U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as "Second Order") read with section 18 of Act, 1982. The vacancy was advertised in daily newspaper "Sainik" dated 15.1.1996 pursuant whereto, petitioner applied. Selection Committee selected petitioner and consequently Committee of Management passed resolution on 25.1.1996 for appointment of petitioner as Assistant Teacher (L.T. Grade). A letter of appointment was also issued to petitioner by Manager, Sobaran Singh Chahar on 27.1.1996 pursuant whereto petitioner joined the College on 3.2.1996. After joining of petitioner, documents were sent to DIOS for his approval which has been declined by him (DIOS) vide impugned order dated 18.7.1996.;