R. A. Sharma, J. - (1.) RAM Lakhan, petitioner no. 2 and respondent no. 3 were appointed as C.T. Grade Teacher in a High School known as Captain Ummed Singh Uchchattar Madhyamik Vidyalaya, Kalhore, District Mainpuri (hereinafter referred to as the school). In order to establish a Secondary Education Commission and Secondary Education Selection Board for selection of Teachers in the institution recognised under Intermediate Education Act, 1921, the Government of Uttar Pradesh had promulgated an ordinance known as U. P. Secondary Education Services Commission and Selection Board Ordinance of 1981. As the establishment of Commission and Selection Board was likely to take some time and there were number of vacancies in the posts of teachers in various institutions, Government of U. P. issued U. P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981 (hereinafter referred to as Removal of Difficulties Order).
(2.) THE school was a recognised Institution under Intermediate Education Act. THEre were vacancies in the L.T. grade in the school and as such the Management under paragraph 4 of the Removal of Difficulties Order promoted the petitioner no. 2 and the respondent no. 3 to L.T. grade purely on adhoc basis. Adhoc appointment of the petitioner no. 2 and respondent no 3 were approved by the District Inspector of Schools, Mainpuri vide order dated 26-3-X6. The U. P. Secondary Education Services Commission and Selection Board Ordinance was replaced by Act known as U. P. Secondary Education Services Commission and Selection Board Act, 1981 (hereinafter referred to as the Act). Section 33 of the Act confers power on the State Government to issue Removal of Difficulties Order to meet the urgent situation. The system for appointment of adhoc teachers as such continued. In 1985 section 33-A was added to the Act for the purpose of regularising the appointment of ad hoc teachers directly appointed against substantive vacancies in accordance with the Removal of Difficulties Order. Chapter IV-A was also added for absorption of reserve pool teachers. Reserved Pool Teachers are the teachers who had been appointed in any Institution by the management or Inspector under U. P. Payment of Salaries Act during the strike of the teachers. By this amendment section 21-B was added providing for absorption of teachers against substantive vacancies which may occur in any institution recognised under the Intermediate Education Act.
(3.) SRI Mool Chand, respondent No. 2 was one of the reserved pool teachers and was as such has to be absorbed against the substantive vacancy in the L.T. grade. The District Inspector of Schools (hereinafter referred to as the D.I.O.S.) issued an order dated 12-6-86 to the Manager of the school for appointment of SRI Mool Chand, respondent no. 2 in the substantive vacancy of the L.T. grade and further directed that any ad hoc appointment made in the L.T. grade shall come to an end automatically. Committee of Management of the School and Sri Ram Lakhan, petitioner no. 2 have filed this writ petition challenging aforesaid order dated 12-6-86 passed by the D.I.O.S. and further prayed for writ of mandamus so as to restrain the respondents from interfering in the functioning of Sri Ram Lakhan, petitioner no. 2 and the respondent" no. 3 as L.T. grade teacher in the school.;