- (1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the order dated 10-6-1996 refusing to accord finan cial sanction of the appointment of the petitioner as L. T Grade teacher in Gahmar Inter College, Gahmar, District Ghazipur (hereinafter referred to as the institution ).
(2.) THE version of the petitioner is that one Shyam Bihari was working as Assis tant Teacher in L. T Grade in the institu tion. He went on leave without pay. THE Committee of Management had sanc tioned his leave. THE students of Biology were suffering on account of leave taken by Shri Shyam Bihari. THE Committee of Management of the institution took steps to fill up the short-term vacancy. It adver tised the post in two daily newspapers, namely, Pioneer on 29-1-1996 and Swatantra Bharat on 30-1-1996. THE petitioner applied for appointment. THE Selection Committee interviewed the can didates on 18-2- 1996. THE petitioner was selected by the Selection Committee. THE Committee of Management passed resolution on 19-2-1996 approving the selection of the petitioner. THE petitioner was given appointment letter on 8-3-1996. He joined the institution on the same day. The papers were forwarded to the District Inspector of Schools, Ghazipur, respondent No. 1, for according financial sanction of the appointment. As respon dent No. 1 failed to pass any order, the writ petition was filed for a mandamus com manding respondents to pay the salary. Respondent No. 1 filed counter-af fidavit and it was stated that financial sanc tion was refused on 10th June, 1996. A copy of the said order has been annexed as Annexure C. A. 1 to the counter-affidavit. It was refused on the ground that the Com mittee of Management of the institution had no right to make any appointment in view of the provisions of Uttar Pradesh Secondary Education Services Commis sion Rules, 1995 (hereinafter referred to as the Rules 1995) which prohibits the Committee of Management to make any direct recruitment.
(3.) THE petitioner filed application to amend the writ petition and has sought to quash the said order in this writ petition. The core question is whether the appointment of the petitioner was in violation of the provisions of the Rules 1995. Rule 12 prescribes the procedure for making direct recruitment by the Uttar Pradesh Secondary Education Services Commission. Rule 14 prescribes the pro cedure for recruitment by promotion. Rule 15 provides the procedure for ad hoc appointment by direct recruitment. It provides that where ad hoc appointments of the teachers, in respect of vacancies to be filled by direct recruitment, are to be made under Section 18 of the Act, the Deputy Director shall advertise the vacan cies subject-wise for Lecturers' Grade and group-wise for trained graduates L. T Grade in two newspapers having wide cir culation in the district and the other in the State and invite applications for ad hoc appointments in the proforma given in Ap pendix E The candidates shall send the applications by registered post to the Deputy Director within 15 days from the date of publication of advertisement in the newspapers along with the papers and fee as prescribed therein. The Deputy Direc tor shall scrutinise the applications and shall get the list of candidates prepared on the basis of quality point. The Selection Committee shall, after considering the cases of the candidates, prepare a list provided in the manner referred to in Rule 15 of the Rules.;