Prakash Krishna, J. - (1.) Pirpur Sarvajanik Inter College is a recognised Intermediate governed by the provisions of U.P. Intermediate Education Act, 1921 as also Payment of Salaries Act, 1971. The Madhyamik Shiksha Parishad, U.P. granted recognition for two additional subjects History and Civics under Section 7 A of U. P. Intermediate Act with prior approval of the State Government. The District Inspector of Schools, consequently permitted the Institution to open teaching of History and Civics subjects by the order dated 16th of August, 1995. The process of selection of teacher to teach the aforesaid two subject was put to motion by issuing advertisements and formation of Selection Committee. The petitioner was a successful candidate and was offered appointment by the Committee of Management on ad hoc basis on the post of History Lecturer till duly selected candidate from the Commission joins. The said appointment letter is dated 20th of September, 1995 and the petitioner joined the very next date and he claims that he is teaching the subjects to the students with devotion but he is not being paid salary by the respondents. The District Inspector of Schools having failed to take a decision on the papers appointing the petitioner as forwarded by the Committee of Management, was compelled to the filing of the writ petition No.27479 of 1997 in this Court which has been disposed by judgment and order dated 8th of April, 1999.
(2.) The learned counsel for the petitioner has submitted that the petitioner has been teaching History subject as Lecturer since 1995 and no selected candidate from the Commission has come to join the post. On the strength of decision of a Division Bench of this Court in State of U.P. v. Om Prakash Sharma, 2002 (49) ALR 719 , it has been submitted that necessary direction be issued to the Director of Education to sanction the post of Lecturer in History in accordance with the norms and guidelines of the State Government and if the post is sanctioned, the petitioner be paid salary from the date of sanction of the post, under the Payment of Salaries Act. Reliance has also been placed upon a judgment of the Apex Court in Chandigarh Administration and others v. Rajani Bali and others, (2000) 2 S.C.C. 42 wherein it has been held as follows:- "Imparting primary and secondary education to students is the bounden duty of the State Administration. It is a constitutional mandate that the State shall ensure proper education to the students on whom the future of the society depends. In line with this principle, the State has enacted statutes and framed rules and regulations to control/regulate establishment and running of private schools at different levels. The State Government provides grant-in-aid to private schools with a view to ensure smooth running of the institution and to ensure that the standard of teaching does not suffer on account of paucity of funds. Appointment of qualified and efficient teachers is a sine qua non for maintaining high standards of teaching in any educational institution."
(3.) In reply the learned standing counsel submitted that since no post of lecturer in History has been created till date, no writ, order or direction can be issued by this Court for payment of salary to the petition under the provisions of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. I have given careful consideration to the respectful submissions of the counsel for the parties. It would meet the end of justice if a direction is issued to the Director of Education (Secondary) to consider the creation and sanction of one post of Lecturer in History according to the norms and guidelines issued by the State Government in the manner prescribed therein. If the post is sanctioned, the petitioner who is working for such a long period shall be absorbed subject to the condition that he possesses the minimum educational qualification as prescribed under the relevant Statute and he shall be paid salary under the Payment of Salaries Act. However, the continuance of the petitioner shall also be subject to the joining of a duly selected candidate to the institution. The writ petition is disposed of with the aforesaid observations. Order Accordingly.;