Sudhir Narain, J. - (1.) THE Petitioner sought a writ of mandamus commanding the Respondents to promote the Petitioner as ad hoc L.T. grade teacher in Nehru Inter College, Ratanpura, District Mau (hereinafter referred to as the college) with effect from 1.1.1990 and to pay salary to the Petitioner in L.T. grade with effect from the same date.
(2.) DURING the pendency of the writ petition one Rakesh Singh was appointed as L.T. grade teacher in the college which was approved by the District Inspector of Schools on 23rd October, 1990. The Petitioner filed an application for amendment of the writ petition to quash the said order. The application has been allowed. The facts in brief are that Nehru Inter College Ratanpura, District Mau is a recognised institution within the meaning of U.P. Intermediate Education Act, 1921. The Petitioner was appointed in the said institution as assistant teacher in C.T. grade on ad hoc basis under the provisions of Removal of difficulties Order and Provisions of U.P. Act No. 5 of 1982. The qualification of the Petitioner was B. Sc, B.T.C. The services of the Petitioner were regularised by order dated 12.1.1986 passed by District Inspector of Schools. One Kedar Singh was lecturer in Economics. He was promoted as Principal in the College. On the promotion of Sri Kedar Singh as ad hoc Principal of the college a post of lecturer fell vacant. One Satyadeo Singh who was L.T. grade teacher was promoted on ad hoc basis as lecturer in Economics in place of Kedar Singh. On account of vacancy caused due to ad hoc promotion of Satyadeo Singh as lecturer in Economics, a post of L.T. grade teacher in Economics fell vacant. The Petitioner claimed ad hoc promotion to the post of teacher in Economics in L.T. grade from C.T. grade. The Committee of Management of the college did not promote the Petitioner. He made a representation to the Management but the Management did not accede to his request.
(3.) THE Management proceeded to make ad hoc appointment to the post of L.T. grade teacher in Economics by direct recruitment. The post was advertised and the various candidates applied for the post. The Selection Committee selected Rakesh Singh as assistant teacher in Economics in L.T. Grade. On 12.9.1990 the Committee of Management passed resolution for appointing Rakesh Singh. The papers were forwarded to the District Inspector of Schools for approval. The District Inspector of Schools approved his appointment on 23rd October, 1990. Rakesh Singh was issued appointment letter on 20th October 1990 and he Joined the service on 25.10.1990. The Petitioner has challenged the order of District Inspector of Schools dated 23rd October, 1990.;