ASARFI LAL Vs. DIRECTOR OF EDUCATION SECONDARY U P ALLAHABAD
LAWS(ALL)-1998-5-89
HIGH COURT OF ALLAHABAD
Decided on May 21,1998

ASARFI LAL Appellant
VERSUS
DIRECTOR OF EDUCATION (SECONDARY) U.P., ALLAHABAD Respondents

JUDGEMENT

Sudhir Narain, J. - (1.) The petitioner seeks a writ of certiorari quashing the order dated 11.1.1996 passed by the District Inspector of Schools. Allahabad. whereby he disapproved the appointment of the petitioner to the post of Assistant Teacher in L. T. grade in S. A. V. Inter College, Saini, Strathu, district Allahabad [hereinafter referred to as the Institution).
(2.) The facts, in brief, are that one Ram Bahadur was a permanent Assistant Teacher In L. T. grade in the Institution, He was granted promotion to the post of Lecturer in the year 1993 on the basis of the recommendation made by the U. P. Secondary Education Services Commission (hereinafter referred to as the Commission). His appointment was made on probation for one year.
(3.) The Management of the Institution resolved to appoint the petitioner on the post of Assistant Teacher in L. T. grade on ad hoc basis on the vacancy caused on promotion of Ram Bahadur. The post of Assistant Teacher in L. T. grade was advertised in the newspapers 'Prayag Raj Times' and 'Aaj'. The petitioner applied for appointment. The Selection Committee constituted by the Committee of Management selected the petitioner. The Manager of the Institution issued appointment letter to the petitioner on 28.6.1993. He joined the post on 17.7.1993. The Committee of Management forwarded the papers to the District Inspector of Schools for according financial sanction. On 25.1.1994 the District Inspector of Schools, Allahabad sent a communication to the Manager making certain queries with regard to the papers submitted for grant of approval. It is alleged that the necessary papers were forwarded to him. On 11.1.1996 he has disapproved the appointment of the petitioner on the ground that the Director of Education Issued a letter dated 9.6.1995 that there was a ban in respect of the appointments after the establishment of the Commission and in view of the said Circular, the petitioner should not have been appointed.;


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