MOHD AYUB Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) In the district of Moradabad there is recognized institution known as Muslim Inter College, Thakurdwara, District Moradabad, which is governed under the provisions of U.P. Intermediate Education Act, 1921 and provisions of UP. Act No. 24 of 1971 are also applicable to the said institution. In the said institution one Buddha Ali attained age of superannuation and as such post of Assistant Teacher fell vacant. Committee of Management of the institution applied before District Inspector of Schools, Moradabad on 13.7.1998 for permission to appoint Urdu Teacher in the institution. Thereafter Managing Committee of the institution advertised the vacancy in question on 20.6.1999. Petitioner submits that pursuant to said advertisement selection proceedings took place on 30.6.1999 and petitioner claims to have been selected on merit. By means of appointment letter dated 7.7.1999 he was appointed on the post of Urdu Teacher. Thereafter papers were transmitted to District Inspector of Schools but no action was taken. As no action has been taken at that juncture petitioner approached this Court by filing Civil Misc. Writ Petition No. 5018 of 2000 for issuing a writ in the nature of mandamus directing District Inspector of Schools, Moradabad to grant approval to his appointment and for payment of salary from July, 1999 till date. This Court on 4.2.2000 passed interim order that in case petitioner is duly selected and is working, he shall be paid his salary. Thereafter one more Assistant Teacher attained the age of superannuation on 30.6.2003. District Inspector of Schools on 31.5.2003 passed an order asking that petitioner be adjusted against the post of Kranti Kumar Akyan. On the said letter sent by District Inspector of Schools, no heed was paid and to the contrary an advertisement has been issued on 19.6.2003, at this juncture second Writ Petition No. 26977 of 2003 has been filed.

(2.) As both writ petitions; namely Civil Misc. Writ Petition No 5018 of 2000 and Civil Misc. Writ Petition No. 26977 of 2003 are dependent on each other, as such, both of them are being taken up together.

(3.) Counter-affidavit has been filed in Civil Misc. Writ Petition No. 5018 of 2000 and therein much stress has been laid on the fact that appointment of petitioner, in fact has been made against no post as in financial survey which has taken place in the past therein only ten posts were sanctioned, as such appointment of petitioner being made against no post, as such no approval could be accorded and appointment by no means could be termed to be valid.