Devendra Kumar Arora, J. - (1.) Heard Sri Ramesh Pandey, learned Counsel for the petitioner and Sri Usman Siddiqui, learned Standing Counsel for opposite parties no.1, 2 and 3.
(2.) In the instant writ petition, the petitioner has sought for a direction to the respondents to allow the petitioner to work as Assistant Teacher (L.T. Grade) and pay him salary including arrears of salary till availability of regularly selected candidate from U.P. Secondary Education Services Selection Board, Allahabad. Brief facts as averred in the writ petition are that Baba Baruwadas Inter College, Paruiya Ashram, Ambedkar Nagar is a non- Government recognised Institution and is governed by the provisions of the U.P. Intermediate Education Act, 1921 and the U.P. Secondary Education Services Selection Board Act, 1982 (in short '1982 Act') and the Regulations framed thereunder. The salary to the teachers and non-teaching staffs is paid under the provisions of the U.P. High Schools and Intermediate Colleges (Payment of Salaries to Teachers and Other Employees) Act, 1921.
(3.) On 7.2.2000, the management of the Institution sent a letter to the U.P. Secondary Service Selection Board (in short referred to as 'the Board') through District Inspector of Schools, Ambedkar Nagar with regard to filling up two vacancies, out of which one vacancy of Assistant Teacher Science (L.T. Grade) had fallen vacant on account of superannuation of one Mr. Vijay Bahadur Tripathi, Assistant Teacher (L.T. Grade) and second vacancy was for Lecturer (Math). According to the learned Counsel for the petitioner, despite the requisition sent by the Management of the Institution, no prior approval was granted and, therefore, keeping in view the exigency of work, the Management decided to fill-up the vacancies through ad hoc appointment under the provisions of Section-18 of the Act, 1982. Consequently, the aforesaid two vacancies were advertised vide advertisement dated 13.07.2000 and 14.07.2000 and in pursuance of the said advertisement, the petitioner, who possess the degree in M.Sc. (Math) including B.Ed., was appointed on 18.08.2000 as Assistant Teacher (L.T. Grade) Science in the Institution. After the appointment of the petitioner, the Management sent a letter on 09.09.2000 to the District Inspector of Schools for financial concurrence/approval followed by reminder dated 06.12.2000. The District Inspector of Schools, vide letter dated 11.12.2000, has sought certain information from the Management with regard to appointment of the petitioner and the Management provided the information vide letter dated 21.12.2000 along with relevant documents with regard to selection of the petitioner but thereafter no action has been taken by the District Inspector of Schools.;