Ajit Kumar, J. - (1.) This writ petition is directed against the order passed by the Joint Director of Education, XII Moradabad Region, Moradabad dated 6th December, 2005, whereby the claim of regularization of services of the petitioner as Assistant Teacher in the institution in L.T. grade under Section 33-C of U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as 'Act No.5 of 1982') has been rejected.
(2.) The facts of the case are that the institution being recognized and aided institution, intimated and notified vacancy in L.T. grade caused due to retirement of Smt. Saraswati Devi Mishra on 30th June, 1988 to the Regional Inspectress of Girls Schools on 9th June, 1990 in 4 sets of copies for onward transmission to the U.P. Secondary Education Services Selection Board for making selection against the said substantive vacancy. However, even after the receipt of the requisition, no selection and recommendation was made by the U.P. Secondary Education Services Selection Board within a period of two months, the Committee of Management sought permission from Regional Inspectress of Girls Schools vide letter dated 15th January, 1991 for filling up the vacancy on ad-hoc basis.
(3.) In view of the permission so being accorded by the Regional Inspectress of Girls Schools, the vacancy in question was so advertised in two daily newspapers. After receiving the applications against the vacancy the Selection Committee was constituted on 10th August, 1991 and the selection was held. The petitioner in this petition was adjudged to be the best candidate to be appointed as Assistant Teacher in L.T. grade on ad-hoc basis and, accordingly, recommendation was made by the Selection Committee. On the basis of recommendation of the Selection Committee, the appointment letter was issued to the petitioner on 14th August, 1991 pursuant to which the petitioner joined on 16th August, 1991. The papers were forwarded to the Regional Inspectress of Girls Schools on 10th September, 1991 for seeking approval but thereafter no further order was passed by the Regional Inspectress of Girls Schools nor, any payment of salary was made to the petitioner who was discharging his duties as L.T. grade teacher. Under the circumstances, the petitioner filed Writ Petition No. 10754 of 1992 seeking a direction for payment of salary and vide order dated 27th March, 1992 an interim mandamus for payment of salary was issued which was made absolute on 12th January, 1993. In the meanwhile, since the petitioner continued on the said post and he was drawing salary, the post of Lecturer (English) had fallen vacant, therefore, the petitioner was also directed to take classes of English in Intermediate. The petitioner put up his claim for promotion as Lecturer and challenged the advertisement issued by the Committee of Management in respect to the vacancy in question.;