- (1.) The petitioners are seeking quashing of the order dated 18.9.1985 whereby approval in the matter of appointment of the petitioners on the post of Assistant Teacher (C.T. Grade) has been rejected. Briefly stated the facts of the case are that there is an Institution in the name of Shri Laxmi Narain Higher Secondary School, Meja Allahabad ( in short the Institution). The petitioners were appointed temporarily as Assistant Teacher (C.T. Grade) by the appointment letter dated 11.10.1981. They submitted their joining in the Institution on 15.10.1981. On 12.10.1981 the Committee of Management forwarded the papers to the District Inspector of Schools, Allahabad for approval of the appointment of the petitioners. The Institution came on grant-in-aid in March, 1984. It is stated that the appointment of the petitioners was made under the U.P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981. Therefore, the contention of the petitioners is that they were appointed against the substantive vacancies. The District Inspector of Schools, Allahabad however by the impugned order has declined the approval in the matter of appointment of the petitioners on the ground that appointments have been made against the substantive vacancies by the Committee of Management which was not authorized to make such appointment in the C.T. Grade.
(2.) I have heard Shri Rahul Jain, learned counsel for the petitioners and Shri Mata Prasad, learned Addl. Chief Standing Counsel appearing for the State respondents.
(3.) The undisputed facts are that the petitioners have been appointed under the U.P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981. Rule 5 of the Order, 1981 clearly provides that Adhoc appointment shall be made by direct recruitment in accordance with the provisions of clause (2) of Rule 5 of the Order, 1981 which provides that the management shall, as soon as may be, inform the District Inspector of Schools about the details of the vacancy and such Inspector shall invite applications from the local Employment Exchange and also through public advertisement in at least two newspapers having adequate circulation in Uttar Pradesh. Rule 5(3) of the Order, 1981 further provides that every application referred to in clause (2) shall be addressed to the District Inspector of Schools. Paragraph 5 of the Order, 1981 reads as under: "5. Ad hoc appointment by direct recruitment. - (1) Where any vacancy cannot be filled by promotion under Paragraph 4, the same may be filled by direct recruitment in accordance with clauses (2) to (5). (2) The management shall, as soon as may be, inform the District Inspector of Schools about the details of the vacancy and such Inspector shall invite applications from the local Employment Exchange and also through public advertisement in at least two newspapers having adequate circulation in Uttar Pradesh. (3) Every application referred to in clause (2) shall be addressed to the District Inspector of Schools and shall be accompanied- (a) by a crossed postal order worth ten rupees payable to such Inspector; (b) by a self addressed envelope bearing postal stamp for purposes of registration. (4) The District Inspector of Schools shall cause the best candidates selected on the basis of quality specified in Appendix. The compilation of quality points may be done on remunerative basis by the retired Gazetted Government servants under the personal supervision of such Inspector. (5) If more than one teacher of the same subject or category is to be recruited for more than one institution, the names of the selected teachers and the names of the institutions shall be arranged in Hindi alphabetical order. The candidate whose name appears on the top of the list shall be allotted to the institution the name whereof appears on the top of the list of the institution. This process shall be repeated till both the lists are exhausted.";