- (1.) S. R. Singh, J. Advertisement Nos. 7/87-88 and 1/92-93 issued respectively by the Public Service Commission U. P. and U. P. Subordinate Services Selection Board (In short the Selection Board) inviting application from eligible and qualified candidates for appointment to the posts of Asstt. Teacher (L. T. Grade) both men's Branch as well as women's Branch in Government Higher Secondary Schools and Colleges as well as selection made pursuant to the advertisement No. 1/92-93 are sought to be quashed by means of this writ petition at the instance of the petitioners, who were working on some of the posts covered by the impugned advertisements having been appointed as such on ad hoc basis in accordance with the Government order dated 15-7-1989 pending regular selection.
(2.) THE petitioners were appointed on ad hoc basis on the dint of the G. O. referred to hereinbefore on different dates between June 1990 and April 1991 for the subject of English. Similarly, ad hoc appointments were made throughout the State for other subjects. It may, however, be quipped that the appointments were made for specified duration/period ending with the academic sessions in which the appointments were made, but ad hoc appointees were allowed continuity in span in pursuance of the decision of this Court in Smt. Manjuwati v. Slate of U. P. and others (1991) 2 UPLBEC 980, wherein it was held that the ad hoc appointees were to continue till selected candidates were made available to supplant them. The post of Asstt. Teacher (L. T. grade) in Government Higher Secondary Schools and Colleges is categorised Group 'c' post in the 'service' known as 'u. P. Subordinate Educational (Trained Graduate Grade) Service', recruitment to which was governed by the U. P. Subordinate Educa tional (Graduate's grade) Service Rules 1983 (in short the 'rules' ). The Regional Dy. Director of Education, in case of men's branch, and Regional Inspectress of Girls Schools in respect of women's branch, are the appointing authorities. Recruitment to the post was initially within the purview of the Public Service Commission, U. P. and according to the procedure laid down under rules 14 and 15 of the Rules, as they stood prior to their amendment by the U. P. Subordinate Education (Trained Graduate's grade) Service (1st Amendment) Rules, 1992, the Director of Education were to determine and intimate to the Commission the number of vacancies to be filled in during the course of the year as also the number of vacancies to be earmarked for candidates belonging to Scheduled Castes/scheduled Tribes and other categories under rule 6 after obtaining the necessary details from the appoint ing authorities and, after inviting applications and making selection the Com mission were to prepare the select list and forward the same to the Director of Education U. P. for appointment. Rule 14 of the Rules as amended by means of the U. P. Subordinate Education (. Trained Graduate's grade) Service (1st Amendment) Rules, 1992, invests the Regional Deputy Director of Education of the concerned Region, to determine the number of vacancies of men's and women's branch both, to be filled during the course of the year by direct recruitment as also the number of vacancies to be reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes and other categories under rule 6 and according to the amended. rule 15, the direct recruitment is required to be made on the basis of the selection made in the manner prescribed by the Rules, by a Selector Committee, consisting of the Appointing Authority the Regional Dy. Director of Education, of the Regional Inspectress of Girls Schools and the Regional Asstt. Director of Education (Basic ).
(3.) THE advertisement No. 7/87-88 was issued by the Public Service Commission, U. P. in accordance with the Rules as they stood at the relevant time. Later on, the post in relation to direct recruitment, was specified as one of the Group 'c' post enumerated in the Schedule to the U. P. Subordinate Services Selection Board Act, 1988 (in short the 'act'), vide notification, dated 25th November 1989 issued by the Governor in exercise of the powers under sub-section (l)of Section 2 of the Act and thus, it came within the purview of the 'selection Board' established under the Act. However, paragraph 2 of the notification aforesaid clearly postulated that the notification would not apply to the vacancies already referred to the U. P. Lok Sava Ayog before the issuance of the notification and further that the appointment to such vacancies would be made on the recommendations of the Lok Seva Ayog. The validity of the advertisement No. 7/87-88 issued by the Public Service Commission U. P. has not been seriously challenged by the learned counsel appearing for the petitioners, The recruitment to the post as stated supra, was within the purview of the Public Service Commission U. P. and it was exercised out of its purview in relation to direct recruitment for the first time by means of the notification dated 25-11-1989, but paragraph 2 of the said notification clearly and unequivocally provided that the vacancies already referred to U. P. Lok Seva Ayog before the issue of the notification, would remain unaffected and the appointment to such vacancies would be made on the recommendations of the Lok Seva Ayog unless, of course, the vacancies already intimated to the Commission are withdrawn by the appropriate authority. This position, in my opinion, remains unaltered even after the notification dated 15-2-1993 issued in exercise of the powers under the proviso to sub-section (1) of Section 2 of the Act. As such, no exception can be taken to the advertisement issued by the Public Service Commission, U. P. and the Commission have the jurisdiction to go ahead with the process of selection commenced with the advertisement notification No. 7/87-88.;