R.S.Dhavan, A.Chakrabarti, JJ. - (1.) This special appeal has been filed against the order dated 18th September. 1995, In Writ Petition No. 29083 of 1991, Krishna Dutt Mishra v. District Inspector of Schools and four others. The contesting respondent in the writ petition, respondent No. 4, Is Suresh Chandra Mishra, appellant before this Court. The memorandum of writ petition described him as an "Illegally appointed Lecturer in Civics in Sri Laxman Das Inter College. Jhansi."
(2.) In so far as the issue on facts Is concerned, it is clear. On the post of Lecturer in Civics, there was a vacancy on June 30. 1990. The Incumbent had superannuated. This was one Dwarika Prasad Sarawagl. The process of Intimating the vacancy to the Commission had been made by the Committee of Management, but no communication had been received within the stipulated period. Thus, the Committee of Management set about to fill the post on an ad hoc basis until a candidate duly selected was returned by the Commission. On whoever may be appointed until a candidate from the Commission arrives, his status would be ad hoc. On this aspect, also, there is no issue.
(3.) Between the appellant, who was the contesting respondent in the writ petition, Suresh Chandra Mishra. and the petitioner, Krishna Dutt Mishra (respondent in this appeal), there is an Issue. The contention on behalf of the appellant as raised by Mr. Ashok Khare Advocate. is that the process of filling a vacancy in the circumstances, as In the present case, permits the Committee of Management to fill the post by promotion or from the outnide. This contention is disputed by counsel for the petitioner-respondent. Dr. R. G. Padia, whose contention is that the post can be filled only by promotion. The order of the learned Judge and the direction issued is also: to the effect, as has been contended by the petitioner-respondent. The Court considers it appropriate that the order of the learned Judge be reproduced : "This writ petition has been filed against the Impugned order dated 24.1.1991 (Annexure-10 to the writ petition). I have heard Dr. R. O. Padia, learned counsel for the petitioner and Sri A. D. Tiwari. learned counsel for the respondent No. 4. The short controversy in this case is regarding appointment of lecturer in Sri Laxman Das Damelay Inter College, Mauranipur, district Jhansi. The college has appointed respondent No. 4 by direct recruitment on the said post. The contention of the petitioner is that this post has to be filled up by promotion. The Full Bench of this Court in Radha Raizada v. Committee of Management. 1994 (3) UPLBEC 1551, has held that so far as ad hoc appointment is concerned. It should be by filling up by promotion from the lower post not by direct recruitment. Since petitioner was admittedly in the L. T. grade teacher and was eligible and he should have been considered for promotion as lecturer in Civics n the college and the respondent No. 4 could not have been validly appointed by direct recruitment. In the circumstances, this writ petition is allowed and the Impugned order dated 24.1.1991 of the D.I.O.S. approving the appointment of respondent No. 4 is quashed. The Committee of Management should now consider the petitioner as well aa other eligible candidates for promotion in the institution for the post of Lecturer in Civics and forward the papers to the D.I.O.S. for grant of approval within six weeks from the date of production a certified copy of this order before him after hearing the parties concerned. Petition Is allowed. No order as to costs.";