- (1.) UNDISPUTEDLY, the petitioner has been working as an assistant teacher in Naya Basti Shree Shima Junior High School (Hindi Medium) continuously since 3rd January, 1983. At the time of appointment as on 3rd January, 1983, the petitioner had the requisite qualification for the post in which he was appointed. However, at the time of his appointment, there was no sanctioned vacant post in the said school. As such he was appointed as an unapproved teacher in a nonsanctioned post. Subsequently, one post of assistant teacher was sanctioned by the concerned District Inspector of School in 1987. However, instead of appointing the petitioner in the said post another teacher was appointed in the said post.
(2.) THEREAFTER in 1991 the District Inspector of School, by issuing a Memo on 20th August, 1991, granted permission for appointing one assistant teacher in the said school. The said post was reserved for Schedule Caste candidate. The said post ultimately could not be filled up as no suitable candidate from the Schedule Caste category was available. The said post, thus, remained vacant for a long time. In such a situation the petitioner herein moved a writ petition being C.O. No. 6069(W) of 1993 which was disposed of by a learned Single Judge of this Court directing the Director of School Education to hear the petitioner and pass necessary order. The Director of School Education, after hearing the petitioner and other interested parties, passed an order on 26th August, 1996 directing the school authority to consider the petitioners claim for his appointment in the said post along with others in future when any vacancy will be filled up as per the existing Recruitment Rules. The said order was passed by the Director of School Education by taking note of the fact that the petitioner has been rendering service in the said school for a long time quite satisfactorily and has the requisite qualifications for appointment as an assistant teacher in Bio-Science.
(3.) THE petitioner herein was not satisfied with the said order. As such, he filed another writ petition challenging the said order of the Director of School Education by contending that since suitable candidate from the Schedule Caste category was not available, the Director of School Education not only should have de-reserved the post so that the said post could have been filled up by any general category candidate but also should have passed an order for absorption of the petitioner against the said post as there was no vacancy in the post of an assistant teacher in Bio-Science in the said school. THE said writ petition was registered as C.O. No. 17048(W) of 1996. While disposing the said writ petition another learned Single Judge of this Court, after taking note of a Government Notification being No. 51-TW/MC dated 4th April, 1987, held that by virtue of the said Government Notification, the post in question should have been regarded as dereserved and as such the school authority could have appointed the petitioner in the said post in obedience of the order of the Director of School Education by treating the said post as dereserved.;