- (1.) The petitioner is seeking quashing of the order passed on the salary bill dated 28.11.1998 whereby his name has been deleted on the ground that the approval to the petitioner's selection has not been granted. Later on by way of amendment the order dated 21.11.1998 has also been challenged disapproving the appointment of the petitioner.
(2.) Briefly stated, the facts of the case are that there is an Institution known as Vidyanand Junior High School, Tirgaran District Meerut which is a recognized Institution governed by the provisions of U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the Rules, 1978 only). The post of Assistant Teacher in the L.T. Grade fell vacant and one substantive post lay unfilled. The Committee of Management of the School sought permission from the District Basic Education Officer to advertise the vacancy. The permission was granted by the District Basic Education Officer through letter dated 12.8.1998. Accordingly advertisement was issued on 23.8.1998 in the 'Nav Bharat Times' news paper. The last date for submitting the form was 5.9.1998 and the candidates were required to appear in the interview on 6.9.1998. The date of making correction in the form was also given as 5.9.1998. The Committee of Management further wrote to the District Basic Education Officer to send his nominee on 6.9.1998 to supervise the selection and the District Basic Education Officer, Meerut-respondent no. 2 thereupon deputed one Prem Lata Agarwal, Assistant District Basic Education Officer, Meerut to participate in the selection procedure to be held on 6.9.1998.
(3.) In pursuance of the advertisement 11 applications were received, the petitioner being one of them. It is stated that only 7 candidates appeared before the selection committee. No candidate from the schedule caste or other backward caste was present in the selection. It is stated that the petitioner is M.A. in Sanskrit and B.Ed and secured highest marks of 54%. Accordingly the petitioner was selected for appointment as Assistant Teacher and two other candidate who secured II and III positionswere kept in the waiting list. Subsequently, the Committee of Management sent a declaration dated 6.9.1998 to the respondent no. 2 pointing out that the Minority Commission had declared the Jain community as a minority. Thereafter the selection proceedings were forwarded by the Committee of Management to the respondent no. 2 through its letter dated 6.9.1998 which was received by the respondent no. 2 on 11.9.1998. It is stated that in-spite of the papers having been sent to the respondent no. 2 no orders were passed and more than one month had elapsed and therefore in terms of Rule 10(5)(iii) if the Basic Education Officer does not communicate his decision within one month from the date of receipt, under clause (4) of Rule 10 he shall be deemed to have accorded the approval to the recommendation made by the Selection Committee. It is therefore submitted that the petitioner has been deemed to have been appointed on the post of Assistant Teacher and therefore by virtue of appointment letter dated 12.10.1998 she submitted her joining on 13.10.1998 and is working since then. Information regarding the joining of the petitioner was communicated by the Committee of Management to the Basic Education Officer vide letter dated 13.10.1998 which was received in the office of the respondent no. 2 on 15.9.1998. However, when salary was not being paid to the petitioner she submitted a representation on 26.11.1998 for payment of salary. It is stated that the salary bill for the month of October, 1998 was sent by the Institution to the respondent no. 2 on which the respondent no. 2-District Basic Education Officer, Meerut on 28.11.1998 made an endorsement addressing the respondent no. 4 that approval to the appointment of the petitioner had not been granted and that her name may be deleted from the bill and the bill be resubmitted.;