- (1.) This Special Appeal arises out of the judgment of the learned Single Judge dated 09.07.2014 whereby the Court has refused to interfere in the order passed by the District Inspector of Schools (for short the "D.I.O.S".) whereby the appointment of the petitioner/appellant has been held to be illegal on the ground that in spite of the ban imposed by the State Government the Committee had appointed the petitioner/appellant on the post of the Lecturer in Mathematics.
(2.) In brief the facts are these; Shri Shankar Ji Inter College, Pushpa Nagar, Azamgarh is a recognized institution. It receives financial aid from the State and it is governed under the provisions of the Uttar Pradesh Intermediate Education Act, 1921; the U.P. High Schools And Intermediate Colleges (Payment Of Salaries Of Teachers And Other Employees) Act, 1971 and the U.P. Secondary Education Services Selection Board Act, 1982. The case of the petitioner/appellant is that a post of Lecturer in Mathematics fell vacant on 09.08.1983. The Committee of Management notified the vacancy and when no selection was made by the U.P. Secondary Education Board (for short the "Board"), an advertisement was issued on 24.04.1994. It is stated that the petitioner was selected on the said post on ad hoc basis. The Committee of Management issued an appointment letter on 01.08.1994. It is stated that no L.T. Grade teacher was eligible for the post of Lecturer. The petitioner claims that he possesses the essential qualification and has excellent academic record. He passed his all educational qualification in first division. He did post graduation by securing 70% marks and 78% marks were secured by him in B.Ed. The Committee of Management sent all the papers to the office of the D.I.O.S. for his financial approval.
(3.) When no decision was taken by the D.I.O.S., the petitioner preferred a Writ Petition No.17986 of 1995, which was disposed of on 06.07.1995 directing the respondent no.2 to consider the claim of the petitioner. The Principal of the Institution in his communication dated 08.09.1995 addressed to the respondent no.2 made a request for approval of the appointment of petitioner/appellant. The D.I.O.S. passed an order declining the approval only on the ground that there was a ban by the State Government on the appointment of Lecturer on ad hoc basis.;