R. A. Sharma, J. - (1.) WE have heard learned counsel for the petitioner and learned Standing Counsel and we find no merit in this petition.
(2.) PETITIONER claims to be the L. T. Grade teacher in Guru Narain Khatri Inter College, Civil Lines, Kanpur (hereinafter referred to as the College) and further claims to have been promoted on 9-7-84 to the substantive post of Lecturer which fell vacant on account of retirement of Sri S. K. Awasthi, English Lecturer of the College. According to the petitioner this appointment was made under section 18 of U. P. Secondary Education Services Commission and Selection Board Act, 1982 (hereinafter referred to as the Act). District Inspector of Schools vide his letter dated 22-7-85 has approved the appointment of the petitioner under section 18 of the Act, with the observation that upon the appointment of duly selected candidate by the U. P. Secondary Education Service Commission (hereinafter referred to as the Commission) the petitioner promotion shall cease to be effective. It appears that the Commission advertised the post of Lecturer in English of the College and according to the petitioner's claim in the writ petition he also applied for the same but he has not been selected. District Inspector of Schools. Kanpur vide his letter dated 28-9-89 adressed to the Authorised Controller of the College has informed that Commission has selected respondent no 4 as a Lecturer (English) for the College and that the said respondent no. 4 should be permitted to join within a month in the College. By means of this writ petition, petitioner has challenged the appointment of respondent no. 4 as Lecturer in English in the College by the Commission and has further requested for an appropriate direction in the nature of mandamus to regularise the services of the petitioner in the Lecturer's grade. Respondent no. 4 has been selected by the Commission under the Act for the post of Lecturer in English in the College in accordance with law. Petitioner was appointed as ad hoc Lecturer in English in the College under section 18 of the Act. Section 18 is quoted below :- "18. Ad hoc Teachers-(1) Where the management has notified a vacancy to the Commission in accordance with the provisions of this Act, and (a) the Commission has failed to recommend the name of any suitable candidate for being appointed as a teacher specified in the Schedule within one year from the date of such notification; or (b) the post of such teacher has actually remained vacant for more than two months, then, the management may appoint, by direct recruitment or promotion, a teacher on purely ad hoc basis from amongst the persons possessing qualifications prescribed under the Intermediate Education Act, 1921 or the regulations made thereunder. (2) The provisions of sub-section (1) shall also apply to the appointment of a teacher (other than a teacher specified in the Schedule) on ad hoc basis with the substitution of the expression 'Board' for the expression "Commission". (3) Every appointment of an ad hoc teacher under sub section (1) or sub-section (2) shall cease to have effect from the earliest of the following dates, namely :- (a) When the candidate recommended by the Commission or the Board, as the case may be, joins the post; (b) when the period of one month referred to in sub-section (4) of section 11 expires; (c) thirtieth day of June following the date of such ad hoc appointment. Ad hoc appointment of teachers by direct recruitment or promotion under section 18 is valid only till the candidate recommended by the Commission joins the post. Order of the District Inspector of Schools, Kanpur dated 22-7-85 where the petitioner's promotion under section 18 was approved expressly laid down that promotion of the petitioner shall come to an end upon joining of the duly selected candidate by the Commission. Petitioner has accepted this appointment and he is bound by its terms. He has to leave the post and is bound to be reverted from lecturer grade to the L T. grade upon joining of a duly selected candidate by the Commission. Petitioner as such, cannot challenge the appointment of respondent no 4.
(3.) PETITIONER is also not entitled to get his services as Lecturer in English regularised. Section 33-A of the Act provides for regularisation of directly appointed teachers under U. P. Secondary Education Services Commission (Removal of Difficulties), Order, 1981 (hereinafter referred to as the Removal of Difficulties on ad hoc basis and services of the promotees cannot be regularised. Section 33 A of the Act is quoted below : "33-A Regularisation of certain appointments-Every teacher directly appointed before the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendment) Ordinance, 1985, on ad-hoc basis against a substantive vacancy in accordance with paragraph 2 of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981 as amended from time to time, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with the provisions of the Intermediate Education Act, 1921, shall with effect from the date of such commencement, be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution from the date of such appointment upto the date of such commencement (2) Every teacher deemed to have been appointed in a substantive capacity under sub-section (1), shall be deemed to be on probation from the date of such commencement. (3) Nothing in this section shall be construed to entitle any teacher to substantive appointment- (a) if on the date of such commencement, such post had already been filled or selection for such post had already been made in accordance with this Act, or (b) If such teacher was related to any member of the committee of management or the Principal, or Head Master of the institution concerned. Explantion-For the purposes of this sub-section a person shall be deemed to be related to another if- (i) they are members of a Hindu undivided family; or (ii) they are husband and wife; or (iii) the one is related to the other in the manner indicated in the Second Schedule to the Intermediate Education Act, 1921. For regularisation of services of ad hoc appointees under section 33-A of the Act following conditions precedent are to be satisfied :- (i) He must have been appointed directly before the commencement of U. P. Secondary Education Services Commission and Selection Board (Amendment) Ordinance, 1985. (ii) Appointment must have been made under the Removal of Difficulties Order, 1981 as amended from time to time. (iii) These appointments must be against the substantive vacancy. (iv) Must possess the requisite qualifications prescribed under or exempted from such qualifications in accordance with the provisions of Intermediate Education Act, 1921. (v) Must be working continuously in the College from the date of his appointment upto the date of such commencement. ;