Sabhajeet Yadav, J. - (1.) The petitioner has filed the above noted writ petition seeking a writ of certiorari for quashing the order dated 2/3rd July, 1991 passed by District Inspector of Schools, Ghazipur contained in Annexure 3 of the writ petition whereby the petitioner's appointment on the post of lecturer in History' has been disapproved by cancelling or modifying/reviewing the earlier order of approval dated 4.3.1987 and the respondents 3 was permitted to work as lecturer in History in the institution in question.
(2.) The brief facts of the case are that Jharkhandey Mahadev Rashtriya Inter College is a recognised institution (hereinafter referred to as the institution) Under U.P. Intermediate Education Act, 1921. The Institution is also receiving grants in aid out of State fund for the purpose of payment of salary to the Staff of institution under the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other employees) Act, 1971, herein after referred to as Salaries Act, 1971. One Gauri Shankar Roy, lecturer in History retired from service on 30th June, 1984. The aforesaid vacancy was intimated to the erstwhile U.P. Secondary Education Service Commission constituted under the U.P. Secondary Education Service Commission and Selection Board Act, 1982 (hereinafter referred to as Act-1982). The erstwhile Commission now (in short) Board did not recommend any person to be appointed on the post in question i.e. the post of lecturer in History in the institution, within prescribed time, therefore, post was advertised on 8.2.1987 on the notice Board of the Institution. The petitioner applied for his selection and appointment on the said post, in pursuance thereof the interview was held on 15.2.1987. The petitioner was selected by the selection committee constituted by the Management of the Institution as lecturer in History. Thereafter the petitioner was appointed by the Committee of Management of the institution vide its resolution dated 15.2.1987 on the aforesaid post on adhoc basis and he joined the post on 20.2.87 since then he is continuously working as such. It appears that necessary papers of appointment of the petitioner for approval has been forwarded to the District Inspector of Schools, who thereupon vide order dated 4.3.87 (Annexure 2 of the writ petition) approved the appointment of the petitioner on adhoc basis on the post of lecturer in History in the institution and in resultant vacancy of L.T. Grade teacher caused on account of the appointment of the petitioner on the post of lecturer in History on adhoc basis, the appointment of the respondents 3 namely Sri Vijay Shankar Tiwari as Assistant teacher in L.T. Grade on adhoc basis has also been approved by the District Inspector of Schools, by same order dated 4.3.1987 (Annexure 2 of the writ petition) Sri Vijay Shankar Tiwari is working as Assistant Teacher L. T. Grade from 13.3.1987.
(3.) It appears that Sri Vijay Shankar Tiwari had made a representation on 13.6.1987 before District Inspector of Schools, with regard to the irregularities committed in the selection and appointment on the post of lecturer in History in the institution and also made complaint to the Deputy Director of Education 5th Region Varanasi.. It is alleged that the copy of the such complaint had never been served to the petitioner but District Inspector of Schools, passed the impugned order on 2/3rd July, 1991 without any notice and opportunity of hearing to the petitioner whereby the District Inspector of Schools, has reviewed his earlier order of approval of appointment of the petitioner dated 4.3.1987 and cancelled the same with the result the petitioner reverted back to his original substantive post of Assistant Teacher L.T. Grade. Not only this but the District Inspector of Schools, by impugned order has treated and approved the appointment of Sri Vijay Shankar Tiwari Respondent No. 3 as lecturer in History in the institution in place of the petitioner who was appointed on resultant vacancy of Assistant Teacher L.T. Grade caused on account of aforesaid appointment of the petitioner on the post of lecturer in History in the institution. The District Inspector of Schools, has further directed to recover the difference of the entire salary paid to the petitioner on the post of lecturer in History w.e.f. 20.2.1987 till the date of impugned order dated 2/3rd July, 1991 passed by him hence this writ petition.;