- (1.) HEARD learned counsel for the parties.
(2.) AGAINST the vacancies on the post of Assistant Teacher(Sanskrit), occurred on account of retirement of two teachers, petitioners claim to have been appointed by the Managing Committee of the institution by adopting due selection procedure. Contention is that the institution in question is a recognized institution and is affiliated to Sampurnanand Sanskrit University, Varanasi. The Ordinances and statutes of the University are applicable to the institution in question. Contention is that the institution in question is imparting eduction upto intermediate level and the Payment of Salary to its teachers and employees are being made by the State Government as it receives grant -in -aid from the State Government.
(3.) FOR selection and appointment of the teachers of affiliated Intermediate Sanskrit institution, there is no service rules framed by the State Government and hence selection procedure is governed by the Government Order dated 21.4.1998. It was provided therein that against the sanctioned post, upon occurrence of vacancy, appointment of teaching and non -teaching staff can be made after approval of the District Inspector of Schools. There is no requirement of approval of the Directorate. The Committee of management of the institution had advertised the vacancy and after selection, papers were forwarded to the District Inspector of Schools on 8.8.2013. However, the District Inspector of Schools is not taking steps to grant approval to the selection of the petitioners. The petitioners have also represented the District Inspector of Schools on 3.11.2014 to grant financial approval. As there has been no consideration and hence this writ petition has been filed with the prayer to issue a direction to the District Inspector of Schools, Jaunpur to decide accordingly. Learned Standing Counsel has been directed to inform the Court about the Rules pertaining to selection and appointment of the teachers in Sanskrit institutions affiliated to the University. He has not been able to place the relevant rules. Learned counsel for the petitioner has also not placed the relevant Statutes of the university, if any, governing the services of the Assistant Teachers of the affiliated Intermediate Sanskrit Vidhyalaya. The Court has come across an Act which provides for establishment of the Board of Secondary Sanskrit Education namely the U.P. Board of Secondary Sanskrit Education Act, 2000. Section 11 of the Act, 2000 provides that the Board with the prior approval of the State Government shall recognize a Sanskrit institution. So far as applicability of the Act is concerned. Section 13 is relevant and is quoted as under. "13. Application of the Act. -Notwithstanding anything contained in the Uttar Pradesh State Universities Act, 1973 or any other Uttar Pradesh Act, on and from the commencement of this Act, all the institutions, situated in the State, immediately before such commencement including Government Sanskrit Schools, imparting Sanskrit education up to Uttar Madhyama, affiliated to or recognised by the Government Sanskrit College, Varanasi or Sampurnanand Sanskrit Vishwavidyalaya, Varanasi shall be deemed to have been recognised by the Board under this Act and shall cease to be affiliated to or recognized by the said Government College or Vishwavidyalayas and shall be governed by the provisions of this Act; Provided that the said Government college or Vishwavidyalaya shall hold examination of persons pursuing Prathama, Purva Madhama or Uttar Madhyama courses of study in such institution immediately before such commencement and shall have power to grant diploma or certificate to such persons.";