V.M.Sahai, J. - (1.) The petitioner qualified to be appointed as lecturer in Sanskrit was declared a reserve pool teacher by this Court on 23.1.1991 in Civil Misc. Writ Petition No. Nil of 1991, Km. Manisha Dubey. Such a teacher under Section 21B of the Uttar Pradesh Secondary Education Service Selection Boards Act, 1982 (In brief Act) is entitled to be absorbed on direct post on priority basis. The petitioner's name was entered on the register of reserve pool teachers by the Deputy Director of Education (Secondary) by letter dated 14.3.1991. Yet the petitioner was not appointed. Therefore, he filed a writ petition which was disposed of on 8.5.92 directing District Inspector of Schools to decide his representation. In pursuance of the direction, the District Inspector of Schools decided the representation on 1.7.92. It was held that earlier the petitioner was not treated as reserve pool teacher but after the decision of this Court on 23.1.91, his name has been brought on the list of reserve pool teachers by the Deputy Director of Education (Secondary). There was. however, at present no post vacant in the district of Sanskrit lecturer but a letter has been received from Principal, Raj as than Inter College, Mirzapur. that the institution has been granted permission to impart education in Sanskrit but no order of sanction has been received. The petitioner may, therefore, report at Rajasthan Inter College and from the date of sanction his appointment shall be deemed to be regular.
(2.) The petitioner on 14.7.92 went to join in the institution but the Manager refused permission to him to join. The petitioner on 15.7.92 filed an application before the District Inspector of Schools to accept his joining and pay him salary. He gave reminders to the District Inspector of Schools on 5.1.93 but nothing was done. The petitioner in the writ petition has annexed the order of the Madhyamik Shiksha Parishad, U. P. by which permission and recognition had been granted to the institution for running classes in Sanskrit from the examination year. 1984. The petitioner has also filed as Annexure-9 to the writ petition a letter of the Principal addressed to the Additional Director of Education (Secondary) dated 21.10.91 by which it was informed that classes in Sanskrit and other subjects regarding which recognition has been granted are being run in the institution, but the matter of creation of posts in the subjects is pending, therefore, he requested that the posts be immediately created. But nothing was done by the respondents. The petitioner, therefore, has approached this Court for direction to Rajasthan Inter College. Mirzapur, to issue an appointment letter or to appoint him Jn any other college.
(3.) I have heard Shri G. S. Bhatt, learned counsel for the petitioner, Shri M. M. Ghildiyal. standing counsel for respondent No. 1 and Shri S. K. Lal. learned counsel appearing for respondent No. 2. The respondent No. 2 has not filed any counter-affidavit.;