Arun Tandon - (1.) -Heard Sri P. K. Ganguli, advocate on behalf of the petitioner, Sri Ashok Khare, senior advocate assisted by Sri Siddhartha Khare, advocate on behalf of respondent No. 6, Sri A. K. Yadav, advocate on behalf of respondent No. 2 and learned standing counsel on behalf of respondent Nos. 1, 3 and 4. Despite notice being issued to respondent No. 5 by the office of the Court by speed post, nobody has put in appearance nor any counter-affidavit has been filed on his behalf.
(2.) LEARNED counsel for the parties agree that the present writ petition may be disposed of finally at the admission stage itself without calling for counter-affidavit inasmuch as the facts are not in dispute. Petitioner, Asha Singh alleges to have applied in pursuance to the advertisement published by the U. P. Secondary Education Services Selection Board, Allahabad for appointment as L.T. grade teacher in the subject of Physical Education (P.T.). Petitioner was successful in the written examination and was therefore, invited for participation in the interview on 15th May, 2006. Petitioner claims to be the member of backward category. Petitioner was selected for the post of L.T. Grade Teacher in Physical Education and empanelled against the vacancy which was available in Indian Girls Inter College, Allahabad. Copy of the Select Panel Notification issued by the U. P. Secondary Education Services Selection Board, Allahabad, has been enclosed as Annexure-3 to the writ petition. The District Inspector of Schools, however, did not forward the name of the petitioner to the institution for appointment of the petitioner on the plea that respondent No. 6 Amita Sinha, who was working in Bapu Balika Intermediate College, Faizabad as L.T. Grade Teacher (P.T.), has been appointed against the same vacancy available in Indian Girls Intermediate College, Allahabad by way of transfer. Sri Ashok Khare, senior advocate on behalf of respondent No. 6 has brought to the knowledge of the Court that respondent No. 6, who was a permanent teacher in L.T. Grade in Bapu Balika Inter College, Faizabad, had applied for transfer on 21st June, 2005. The Committee of Management of Indian Girls Intermediate College, Allahabad granted its "No Objection Certificate" to the said transfer under the resolution dated 27th June, 2005. To similar effect, a resolution was passed by the Committee of Management of Bapu Intermediate College, Faizabad dated 15th July, 2005, where respondent No. 6 was working earlier as L.T. Grade Teacher. The Regional Joint Director of Education under the letter dated 12th August, 2005 forwarded the relevant papers to the Director of Education (Secondary) U. P., Lucknow for necessary permission qua transfer. On 8th May, 2006, final order of transfer of respondent No. 6 was passed. She was relieved of her charge on 21st May, 2005. Respondent No. 6 joined at Indian Girls Intermediate College, Allahabad on 27th May, 2006 and is said to be working in the said institution since then.
(3.) WITH regard to the vacancy in Indian Girls Intermediate College, it is stated that the vacancy was caused on 26th June, 2002, a requisition in respect thereto was forwarded on 13th January, 2005. The vacancy was actually advertised on 15th September, 2005 under Advertisement No. 01 of 2005. Select panel has been notified on 26th June, 2006. Sri Ashok Khare, senior advocate therefore, submits that on the date the select panel has been notified, there was no vacancy in Indian Girls Intermediate College, Allahabad and therefore, the petitioner cannot be offered appointment against a non-existent vacancy. It is further clarified that respondent No. 6 had joined against the vacancy which was available in Indian Girls Intermediate College, Allahabad in the subject concerned on 27th May, 2006 on transfer while select panel was notified one month thereafter, i.e., on 26th June, 2006.;