- (1.) ARUN Tandon, J. In pursuance to the Orders of this Court, records of Writ Petition filed by Swami Prasad Misra and another being Writ Petition No. 742 (S/s) of 1992 and Writ Petition No. 1684 (S/s) of 2005, before Lucknow Bench of this Court have been produced today by the Standing Counsel.
(2.) PETITIONER is directed to implead Sri Swami Prasad Misra as respondent No. 7 during the course of the day. Petitioner, Sri Yogesh Kumar Gaur has been selected for the post of L. T. Grade Teacher (Social Science) by the U. P. Secondary Education Service Selection Board, Allahabad and has been empanelled against the vacancy available in Raj Karan Vaidic Pathshala Inter College, Faizabad. The selection so affected in favour of the petitioner has been objected to under the impugned letter of the District Inspector of Schools, Faizabad dated 15-2-2005 on a finding that there is no vacancy available in the institution against which the petitioner can be offered appointment as one Sri Swami Prasad Misra has been appointed and is being paid salary in terms interim order of the Lucknow Bench of this Court passed in Writ Petition No. 742 of 1992. On 23-8-2006, the District Inspector of Schools, Faizabad, who was present in the Court informed that the vacancy has been exhausted with the regularization of Swami Prasad Misra, who has since been regularized under the Order of Joint Director of Education, Faizabad. To similar effect are the contents of the counter-affidavit dated 3-8-2006 filed by District Inspector of Schools, Faizabad in the present Writ Petition.
(3.) ON 1-9-2006 an other affidavit was filed by the District Inspector of Schools, Faizabad dated 3-8-2006 wherein a copy of an order passed by the Regional Joint Director of Education, Faizabad regularizing the appointment of Sri Swami Prasad Misra as L. T. Grade Teacher in the institution dated 14-2-2006 was enclosed as Annexure 7. Since the said order of regularization was based on another order of the Lucknow Bench dated 3-3- 2006 passed in Writ Petition No. 1684 (S/s) of 2005, this Court required the Joint Director of Education to remain present before this Court with records of both the Writ Petitions filed by Swami Prasad Misra before the Lucknow Bench (referred to above ).;