B. L. Yadav, J. - (1.) BY present writ petition under Article 226 of the Constitution the petitioner has prayed for a Writ of Mandamus directing the respondent no. 1 to decide the representation of the Committee of Management dated 25th May, 1987 and to quash the order dated 3rd June, 1987 passed by District Inspector of Schools (Annexure 5 to the writ petition).
(2.) THE petitioner is a recognised institution within the meaning of U. P. Intermediate Education Act, Loknath Singh the respondent no. 2, an adhoc teacher of the institution in C. T. Grade applied for leave on the ground that under some special circumstances he was unable to attend the institution with effect from 22-12-1986 to 15-5-1987. As the absence of Loknath Singh was for a long period and cause of the students was to suffer, therefore the vacancy was notified on the notice board and the selection committee was constituted which selected Sachchidanand Singh, the respondent no. 3 at SI. No. 1 (vide report dated 30-12-1986, Annexure 2 to the petition) as adhoc teacher in C. T. Grade. That selection was sent for approval of the District Inspector of Schools who by his letter dated 2-2-1987 approved the same. THE respondent no. 3 joined as an adhoc teacher on 1-1-1987. When the salary bill of respondent no. 3 for the month of June 87 was sent for approval of District Inspector of Schools, he approved the salary till 15-5-1987 but directed that the respondent no. 2 who came back after his leave and wanted to join on 16-5- 1987 may be deemed to have joined on that date as he was appointed as an adhoc teacher and was entitled to continue in service till a duly selected candidate recommended by the Commission comes and joins the post. Learned counsel for the petitioner urged that as Loknath Singh, the respondent no. 2 was an adhoc teacher hence he had no lien to the post and as he expressed his inability to continue since 22-12-1986 to 15-5-1987 he was relieved of the duties and in his place Sachchidanand Singh, the respondent no. 3 was selected by the duly constituted selection committee and his appointment was approved also by the District Inspector of Schools hence he was an assistant teacher within the meaning of Section 18 of U. P. Secondary Education Service Commission and Selection Boards Act, 1982 (for short the Act), therefore his appointment cannot be terminated till a duly selected candidate recommended by the Commission comes and joins the post and as such impugned order of District Inspector of Schools was manifestly erroneous. Learned Standing Counsel supported the impugned order.
(3.) HAVING considered the respective arguments of learned counsel for the parties we are of the opinion that as Loknath Singh being an adhoc teacher having gone on leave, the post fell vacant and the same was filled by the appointment of Sachchidanand Singh, who was selected by a duly constituted selection committee and his appointment was also approved by the District Inspector of Schools which shows that the District Inspector of Schools did not find any illegality in the appointment of Sachchidanand Singh as an adhoc teacher. After the long leave, lien of Loknath Singh to the post came to an end as he was only an adhoc teacher. It has further been stated in para 5 of the writ petition that Loknath Singh has joined as 'Vyayam Prashikshak' in Zila Yuva Kalyan Evam Pradeshik Vikar Dal Ghazipur. There was no justification on the part of District Inspector of Schools to permit Loknath Singh to join the post again on 16-5-1987. In view of provisions of section 18 of the Act and a number of decisions of this Court, once the appointment of adhoc teacher is made by the duly constituted selection committee and the appointment is approved by the District Inspector of Schools, it will continue till a duly selected and recommended candidate sent by Commission comes and joins the post. Impugned order accordingly could not be sustained. In the result present petition succeeds and is allowed. The impugned order dated 3-6-1987 passed by District Inspector of Schools is quashed. Sachchidanand Singh, the respondent no. 3 would continue to work as an adhoc teacher in C. T. grade till a candidate duly selected and recommended by the Commission come and joins the post and he would be entitled to his salary with effect from 16-5-1987. In the circumstances of the case we, however, do not make any order as to costs. Petition allowed.;