SUDHIR AGARWAL,J. - (1.) Heard Sri V.K.Singh, Senior Advocate, assisted by Sri Prakhar Tandon, learned counsel for petitioners, learned Standing Counsel for respondents and perused the record.
(2.) Public Inter College, Bidhuna, Auraiya (hereinafter referred to as "College") is a Secondary Educational Institution governed by provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "Act,1921"). Payment of salary to teaching and non-teaching staff is governed by the provision of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act 1971 (hereinafter referred to as "Act 1971"). Recruitment of teaching staff is governed by provisions of U.P. Secondary Education Services Selection Boards Act, 1982 (hereinafter referred to as "Act, 1982").
(3.) It is said that there were five vacancies of Assistant Teachers in the College for which requisition was sent to U.P. Secondary Education Board (hereinafter referred to as "Board") but no recommendation was received therefrom. Consequently, Management decided to fill in the said vacancy on ad hoc basis. An advertisement was published in daily newspaper 'Pioneer' dated 30.01.1998 and 'Dainik Din Pat' dated 05.01.1998 inviting applications for ad hoc appointments. Petitioners applied and were interviewed on 25.2.1998 and selected. Accepting recommendation of Selection Committee, a resolution was passed by Committee of Management on 25.02.1998 for appointing petitioners as Assistant Teacher on adhoc basis and consequently appointment letters were issued on 26.2.1998. Documents were forwarded vide letter dated 09.01.1999 to respondent 3 for its financial approval alongwith covering letter dated 28.03.1998. No action was taken by respondent 3 then petitioners approached this Court in Writ petition No.41206 of 1999 seeking mandamus commanding respondents District Inspector of Schools and Committee of Management of College to pay salary to petitioners. The writ petition was disposed of finally vide order dated 24.9.1999 directing District Inspector of Schools, Auriya/Etawah (hereinafter referred to as "DIOS") to dispose of petitioners' representation within one month. DIOS passed order dated 11.02.2000 rejecting petitioners' claim and declined to grant approval on the ground that appointments were banned vide Goverment Order dated 30.07.1991 and management had no power to make appointment.;