Pankaj Mithal, J. - (1.) The short question involved in this writ petition is : Whether a short term vacancy of the post of Assistant Teacher L.T. grade at the institution is required to be notified under law to the U.P. Secondary Education Services Selection Board, Allahabad ?
(2.) Shree Kedar Nath Saksaria Arya Kanya Inter College Belanganj, Agra is a recognised institution receiving grant in aid from the State Government. In the said institution Smt. Indrawati Gupta, lecturer Hindi, retired on 30.6.1999.
(3.) Thus, causing a substantive vacancy. On the said vacancy Smt. Sheela Verma, Assistant Teacher L.T. grade was given adhoc appointment by promotion which was approved by the Regional Deputy Director of Education Agra on 24.1.1995. On account of above ad hoc promotion of Smt. Sheela Verma, a short-term vacancy of the post of Assistant Teacher LT grade fell vacant at the institution. The promotion accorded to Smt. Sheela Verma as lecturer was not substantive in nature. It is said that the Committee of Management intimated the aforesaid short term vacancy to the DIOS. Thereafter the said short-term vacancy of the post of Assistant Teacher L.T. grade was advertised in the two daily newspapers 'Desh Ratan' dated 9.7.1996 and 'Dainik Sainik' dated 11.6.1996. In pursuance to the aforesaid advertisement several candidates applied and 15 candidates appeared for interview before the Selection Committee on 3.8.1996. In the said selection after interview the petitioner was selected and he was given appointment by the Committee of Management on 8.8.1996. The papers relating to the appointment of the petitioner were submitted by the Committee of Management to the Deputy Inspector of Schools for approval on 26.7.1997 but the Regional Deputy Director of education vide order dated 16/19.8.1997 refused to accord the approval. Accordingly, the petitioner filed writ petition No. 403245 of 1998 challenging the above order of disapproval. The said writ petition was disposed of by the High Court vide order dated 5.1.1999 on the ground of alternative remedy of representation/appeal before the Director of Education (Secondary) under the provisions of U.P. Secondary Education Services Commission (Removal of Difficulties) (Fourth) Order, 1982. Thereafter the petitioner made an appeal/representation before the Director and the same was rejected on 18.11.1999 on the following four points : (1) At the time of petitioner's appointment there was a ban in making appointment by the Committee of Management. (2) The short term vacancy was not properly published in the widely circulated newspapers. (3) The reservation policy was not follower: in making the appointment on the short term vacancy. (4) The documents for financial approval were submitted late i.e. after one year of the appointment.;