- (1.) Having heard learned Counsel for the Petitioner, we find no merit in this petition.
(2.) The Petitioner was promoted to the post of Principal on an ad hoc basis under the U.P. Secondary Education Services Commission (Removal of Difficulties) Order, 1981 on October 13, 1981. He has prayed for a writ of Mandamus commanding the Respondents to treat him as a principal appointed in substantive capacity with effect from June 12, 1985. Learned Counsel placed reliance on Sec. 33A of U.P. Secondary Education Services Commission and Selection Boards Act, 1982 (U.P. Act No. 5 of 1982) which, insofar as is relevant for our purposes, provides ; 33A. (1) Every teacher directly appointed, before the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Ordinance, 1985, on ad hoc basis against a substantive vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, as amended from time to time, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with, the provisions of the Intermediate Education Act, 1921, shall, with effect from the dale of such commencement be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution from the date of such appointment up to the date of such commencement. Every teacher deemed to have been appointed in a substantive capacity Under Sub -section (1), shall be deemed to be on probation from the date of such commencement. Nothing in this Sec. shall be construed to entitle any teacher to substantive appointment if on the date of such commencement, such post had already been filled or selection for such post had already been made in accordance with this Act, or if such teacher was related to any member of the Committee of Management or the Principal, or Head Master of the institution concerned. It was urged that the Petitioner having been appointed on ad hoc basis before the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Ordinance, 1985 was promulgated, he became entitled to be deemed to have been appointed in a substantive capacity as he was serving continuously in the institution from the date of such appointment up to the date of the commencement of the said Ordinance.
(3.) We find no merit in the above contention. In the first place, the benefit of Sec. 33A is available only to those teachers who were appointed on ad hoc basis directly and not to the teachers who were appointed on ad hoc basis Under the Removal of Difficulties Order of 1981 by way of promotion. Secondly, Sub -section (3) of Sec. 33A clearly takes the case of the Petitioner out of the purview of Sub -section (1) inasmuch as admittedly selection for the post had already been made in accordance with the said Act on the date of the commencement of the Ordinance.;