Ashok Bhushan, J. - (1.) Heard counsel for the petitioners and the learned standing counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged and with the consent of the parties, the writ petition is being finally disposed of.
(2.) By this writ petition, the petitioners have prayed for quashing the order dated 10th June, 2005 passed by District Inspector of Schools (Annexure-9 to the writ petition).
(3.) Petitioners' case in the writ petition is that both the petitioners were appointed as ad hoc Assistant Teacher, LT. Grade in Gangapur Inter College, Gangapur, Varanasi on two short term vacancies caused due to promotion of Hira Lal Yadav, LT. Grade teacher and Sri Rajesh Kumar Singh, permanent C.T. Grade teacher. It is claimed that aforesaid two short term vacancies were advertised by the Committee of Management in two newspapers and thereafter the petitioners were selected and appointed on 24th November, 1997. Petitioners claim to have joined on 30th November, 1997. The papers praying for approval of the petitioners' ad hoc appointment on short term vacancies were forwarded to the District Inspector of Schools. When no decision was taken, a writ petition being Writ Petition No. 53233 of 1999 was filed by the petitioners which was disposed of on 23rd December, 1999 directing the District Inspector of Schools to decide the matter. The District Inspector of Schools by the order dated 26th August, 2000 rejected the representation of the petitioners. The District Inspector of Schools in his order pointed out several reasons for not approving the appointment. The petitioners filed Writ Petition No. 50480 of 2000 challenging the order of District Inspector of Schools. This Court vide its judgment dated 18th February, 2005 allowed the writ petition and quashed the order of District Inspector of Schools. This Court while allowing the writ petition held that all the reasons given by the District Inspector of Schools for rejecting the claim of the petitioners were erroneous. One of the reasons given by the District Inspector of Schools in the order dated 26th August, 2000 was that in accordance with Rule 15 of the Uttar Pradesh Secondary Education Services Commission Rules, 1995 the Committee of Management has no power to make ad hoc appointment and the appointment was to be made by the Regional Deputy Director of Education.;