Siddharth, J. - (1.) Heard Sri Anil Bhushan, learned Counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for quashing of the order dated 11.05.1989, passed by respondent no.2, District Inspector of Schools, Jaunpur, whereby he has refused to grant approval to the adhoc appointment of the petitioner on the post of C.T. Grade Teacher. The petitioner has also prayed for quashing of the Regulation 20, under Chapter II of the Intermediate Education Act, by declaring it ultra vires of the Constitution. By way of amendment, further prayer of quashing of impugned order dated 13.04.2013, passed by respondent no.2 has also been added, whereby the payment of salary to the petitioner has been turned down and a direction for consideration of the case of the petitioner for regularization under amended Section-33 of U.P. Secondary Education Services Selection Board Act, 1982 has also been prayed.
(3.) Brief facts of the case of the petitioner are that four permanent vacancies arose in Bahudhandhi Uchchattar Madhyamik Vidhyalaya, Sonehita District Jaunpur, recognized Institution under the U.P. Intermediate Act, 1921. The aforesaid Institution is also governed by the provisions of U.P. High School and Intermediate College payment of salary to Teachers and Other Employees Act, 1971. These vacancies arose prior to 1975, which was to be filled by the management. Instead of making temporary appointments, the management intimated the District Inspector of Schools, Jaunpur to make appointments through direct recruitment in accordance with the provisions contained in Chapter III Regulation-10 of the U.P. Intermediate Education Act. Due to careless approach of the office of the District Inspector of Schools the procedure of direct recruitment could not be done within time although the management sent several reminders from time to time, the consequences of this action resulted in existing vacancies being carried upto the promulgation of entirely new procedure enunciated in U.P. Secondary Education Services Commission Act, 1981.;