Palok Basu, J. - (1.) THE aforesaid two writ petitions have been filed by Pradeep Kumar Chaturvedi, who has made an application for being appointed as teacher in L.T. Grade in Hira Lal Khanna Inter College (hereinafter referred to as the institution) situated at Jawahar Nagar, Kanpur, in response to an advertisement which was made on 17.4.1993 to fill in short term vacancies. In the writ petition No. 20083 of 1993, the opposite parties are the District Inspector of Schools (Kanpur Nagar) (hereinafter referred to as the D.I.O.S.), Committee of Management of the Institution and Secretary Kanpur Shiksha Samiti. In writ petition No. 39294 of 1993, the opposite parties 1 and 2 remain the same, whereas the opposite parties 3 and 4 happened to be Om Prakash Mishra and Hari Nath Pandey, respectively. Parties have exchanged affidavits in the subsequent writ petition (writ petition No. 39294 of 1993), and from what is discussed hereinafter, there remains no need for calling counter affidavits in the earlier writ petition No. 20083 of 1993. When the interim matter was listed for consideration in view of the application for vacating the stay order, made by the opposite parties 3 and 4 and it came up for hearing, learned counsel for the parties agreed that to save the time to be consumed in deciding the interim matter, the two writ petitions can be disposed of finally. As such, at their request, both these writ petitions are being decided finally, on the basis of material existing in the record of subsequent writ petition No. 39294 of 1993.
(2.) SRI V.B. Khare and Shri A.K. Shukla, Learned counsel appearing on behalf of Pradeep Kumar Chaturvedi petitioner, and Shri A.K. Khare learned counsel appearing on behalf of the Institution concerned and private opposite parties 3 and 4 namely - -Om Prakash Mishra and Hari Nath Pandey have been heard at length, for and against these petitions, while learned Standing counsel Sri P.R. Maurya, has also been heard on the stand taken by the D.I.O.S. The undisputed facts are that the Institution is governed by the provisions contained in the Intermediate Education Act and Regulations framed thereunder. Consequently, the order and directions issued by the State of Uttar Pradesh through the D.I.O.S. Kanpur or the Directorate of Education, would apply for making appointments even if it be short term appointment in the Institution concerned. It is again not disputed that the permanent appointments may be made only in accordance with the recommendation of the concerned education Commission.
(3.) THE Institution, through its Managing Committee, got an order from the D.I.O.S. that under the law it was empowered to go ahead with the short term appointments so long as the vacancies did not get finally filled up by the appointments through the Commission and, therefore, on 17th April 1994, a notice was pasted on the Notice Board of the Institution requiring the candidates to apply for short term appointment in several disciplines. For the purposes of these petitions, it may be relevant to mention here that the petitioner - -Pradeep Kumar Chaturvedi and the opposite party - -3 Om Prakash Mishra and opposite party 4 - -Hari Nath Pandey, had made applications for short term appointment in the Institution Concerned. These three candidates were considered for appointment in the L.T. Grade teacher by the committee of Management. It transpires that the opposite party 3 - -Om Prakash Mishra and opposite party A - -Hari Nath Pandey, were selected by the Committee of Management and Committee applied for approval of their short term appointment by the D.I.O.S. concerned. The D.I.O.S. wrote a letter to the Committee of Management on 17.7.1993 disapproving the recommendation of the Committee of Management, for appointing both the opposite parties 3 and 4. The said letter is annexure -8 to the writ petition No. 39294 of 1993. It was pointed out in the said letter that several candidates had higher quality point marks than those candidates who were recommended by the Committee of Management. It was further observed by the DIOS that reservation quota was also not fulfilled. It was then observed, as under: - - Under the circumstances, it is not possible to approve the proposed candidates for being appointed having quality point marks less than the candidates who had higher quality point marks. Necessary action be taken according to the settled norms and rules and regulations, in force, regarding quality point marking and the reservation quota be also followed according to instructions. (translation by the court).;