JUDGMENT : S.R. Singh, J. The petition in hand raises an important question of law for consideration as to whether the tenure of an adhoc teacher appointed under the provisions of Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties)(Second) Order, 1981 against short term vacancy caused by grant of leave to the incumbent or otherwise comes to an end merely on the nature of the short term vacancy being converted into a substantive vacancy on account of retirement as is the case in hand, or on account of resignation, death, dismissal, termination etc.? 2. The Standing Counsel does not purpose to file a counter affidavit and since the concerned committee of management is supporting the Petitioner’s case, the petition is being disposed of at the admission stage without inviting for any counter affidavit. 3. The Petitioner was appointed assistant teacher in L.T. Grade against short term vacancy which occurred due to permanent incumbent Mamla Jeet Singh being granted leave for three months w.e.f. 10-8-1991 to 9-11-1991 The appointment of the Petitioner Km. Meena Fingh was approved by the District Inspector of Schools vide letter dated 27-8-1991 w.e.f. 12-8-1991, the date of taking over charge up to 9-11-1991. It appears that Mamla Jeet Singh applied for and was granted extension of leave up to 30-6-1992 and the Manager of the College by his letter dated 10-4-1992 requested the District Inspector of Schools to approve the adhoc appointment of the Petitioner untill the date of joining of duty by a candidate selected by the Compression. The District Inspector of Schools vide letter dated 6-5-1992 (Annexure-5 to the writ petition) informed the Manager of the College that the services on the Petitioner would come to an end on 30-6-1992, the date on which the permanent incumbent Mamla Jeet Sirgh would be attaining the age of superannuation Obviously the District Inspector of Schools did not approve the Petitioner’s appointment, as solicited for by the Manager for a period up to the date of joining duties by a candidate selected by the Compression, Accordingly the Petitioner has come up to this Court seeking the relief for issuance of a writ of certiorari quashing the order dated 6-5-1992 besides a mandamus commanding the Respondents to continue until she is replaced by a duly selected candidate. 4. I have heard the learned Counsel for the Petitioner and the learned Standing Counsel. 5. 4. I have heard the learned Counsel for the Petitioner and the learned Standing Counsel. 5. A short term vacancy in the post of a teacher caused by grant of leave to him or on account of his suspension duly approved by this District Inspector of Schools or otherwise is required, by Para 2(I) of the Second Removal of Difficulties Order, 1981, to be filed by the Management of the Institution by promotion of the senior most teacher of that institution in the next lower grade. This can be done without prior approval of the Inspector of Schools though it is obligatory on the part of the Management to immediately inform the DIOS of such promotion along with the particulars of the teacher so promoted. But when any such vacancy cannot be filled by promotion due to non-availability of a qualified teacher in the next lower grade, the Management of the institution shali. with the prior intimation to, and approval of, the District Inspector of Schools, fill the vacancy by direct recruitment in the manner provided in Para 2(3) of the Second Removal of Difficulties Order, 1981. 6. Admittedly the Petitioner was appointed against a short term vacancy under the provisions of the Second Removal of Difficulties Order, 1981. Para 3 of the said Removal of Difficulties Order prescribes duration of such appoints. The provision as amended by Third Removal of Difficulties Order, 1982 reads as under: 3. Duration of Adhoc Appointment-Every appointment of teacher under paragraph 2 of this Order shall cease from the earliest of the following dates, namely; (a) when the teacher, who was on leave or under suspension joins the post; or (b) x x x (omitted by Third Removal of Difficulties Order, 1982); or (c) when the short term vacancy otherwise ceases to exist. 7. 7. Para 3(c) of the Second Removal of Difficulties Order, 1981 quoted as aforesaid, is no doubt susceptible to the view being taken by the Department that on the conversion of the short terra vacancy into substantive vacancy, the appointment made against short term vacancy would come to an end but a closer scrutiny of the matter would lead to the conclusion that the Legislature would not have intended going through the same exercise of making adhoc appointment the over, one on the occurrence of the short term vacancy and the other on such a vacancy being converted into a substantive vacancy The object sought to be achieved by the Second Removal of Difficulties Order. 1981 appears to be this that the interest of the student community must not be allowed to suffer by reason of even temporary absence of a teacher caused due to grant of leave to him or on account of his suspension or otherwise. This object gets frustrated, as discussed hereinafter, if the tenure of a teacher appointed against short term vacancy is allowed to come to an end automatically with the conversion of the short term vacancy into a substantive vacancy. 8. Sub-clause (iii) of para 2(3) of the said Removal of Difficulties Order provides that the Distt Inspector of Schools shall communicate his decision within seven days of the date of receipt by him of particulars of the selected candidate failing which the Inspector of School Is will be deemed to have given his approval The word "immediately" occurring in Sub-clause (i) of para 2(3) and the provision as to "deemed approval" (which is in the nature of an irrebutable presumption in the proposed the Inspector's failure to communicate his decision on the proposed appointment within seven days of the date of receipt by him of the particulars of selected candidate) contained in Sub-clause (iii) of para 2(3) of the Second Removal of Difficulties Order, 1981 reveal a sense of urgency and are designed to ensure fulfillment of the Legislative motion for a quick appointment so that the education of students may not suffer unnecessarily. Therefore, while construing the provisions of para 2(3) of the Second Removal of Difficulties Order, 1981 one has to keeps in mad the aforesaid anxiety and intention of the Legislature. Therefore, while construing the provisions of para 2(3) of the Second Removal of Difficulties Order, 1981 one has to keeps in mad the aforesaid anxiety and intention of the Legislature. The expression "when the short tern; vacancy otherwise ceases to exist" is no doubt capable of being construed in sense of cessation of short term vacancy on account of its conversion into a substantive one. But as held by the Supreme Court in Workmen of Dimakuchi Tea Estate Vs. The Management of Dimakuchi Tea Estate, AIR 1958 SC 353 The Words of a Statute, when there is a doubt about their meaning, are to be understood in the sense in which they best harmonies with the subject of the enactment and the object which the Legislative has in yew. Their meaning is found not so much in a strictly grammatical or etymological propriety of language, nor even in its popular me, as in subject or in the occasion on which they are used, and the object to be attained". In the words, of Shan, J. "It is a recognised rule of interpretation of Statutes that the expression used therein should ordinarily be understood hi sense in which (hey best harmonies the object of the Statute, and-chic!) effectuate the object of the Legislature." New India Sugar Mills Ltd. Vs. Commissioner of Sales Tax, Bihar, AIR 1963 SC 1207 . 9. The Legislative intent in enacting a law providing for adhoc appointment either against a short term vacancy of the nature specified in para 2(1) of the Second Removal of Difficulties Order 1981 or against a substantive vacancy covered by the First Removal of Difficulties Order 1981 or Section 18 of the Act appears to be this that the interest of students must in no case be allowed to suffer due to absence of a teacher resulting in either a short term vacancy or a substantive one. The anxiety of the Legislature, as seen above, is that the vacancy should be filled quickly in order to protect the interest of the students. The anxiety of the Legislature, as seen above, is that the vacancy should be filled quickly in order to protect the interest of the students. Whether an adhoc appointment by way of direct recruitment is made under the provisions of the First Removal of Difficulties Order 1981 or it is made u/s 18 of the Act, it is bound to take some time for no appointment can be made u/s 8 before expiry of a period of at least sixty days from the date of notification, strictly in accordance with Rule 4 of the Secondary Education Service Commission Rules, 1983, of the vacancy to the Commission in case of scheduled teacher, and to the Inspector of Schools (in absence of a Selection Board) in case of a teacher other than the teachers specified in the Schedule to the Act. During this period the cause of students is bound to suffer in absence of the teacher in as much LS excepting a case of vacancy caused due to retirement, it is not possible to notify, in advance as per time schedule specified in Rule 4 of the aforesaid Rules, a vacancy caused due to death or resignation In such a situation the cause of students is bound to suffer if the tenure of the short term appointee is allowed to come to an end on the date the short term vacancy gets converted into a substantive one due to resignation or death of the permanent incumbent during The subsistence of the short term appointment and the Management of the Institution is required to proceed a fresh to fill up the post either and u/s 18 of the act or under the First Removal of Difficulties Order, 1981 for in my opinion the procedure for direct recruitment as laid down in pare 5 of the First Removal of Difficulties Order 1981 is also time consuming appointment cannot be made immediately. 10. It is true that under the provisions of the Uttar Pradesh Secondary Education Service Commission (Removal of Difficulties; (second) Order. 1981 the appointment against a short term vacancy is made by the Committee of Management while one against the substantive vacancy under, the First Removal of Difficulties Order, 1981 is made by the District Inspector of Schools on the basis of quality point marks. 1981 the appointment against a short term vacancy is made by the Committee of Management while one against the substantive vacancy under, the First Removal of Difficulties Order, 1981 is made by the District Inspector of Schools on the basis of quality point marks. But the fact remains that both the appointments are adhoc in nature and the District Inspector of Schools, although not directly involved in exercise to be undertaken in order to determine merits in case of adhoc appointment against; "short term vacancy, has ample opportunity to see that the appointment is made in the manner prescribed by law and it is for this purpose that the prior approval to appointment is required under para 2(3)(i) of the Second Removal of Difficulties Order, 1981. Once the approval is accorded or deemed to have been accorded, I find no harm if such, appointee is allowed to continue even after the occurrence of change in the nature of vacancy. 11. At the risk of repetition it may be pointed out that Section 18 which enables the Management to make adhoc appointment against a substantive vacancy would not come into play immediately on the conversion of the short term vacancy into a substantive one. It comes into play, (i) after the vacancy has been notified to the Commission and the Commission has failed to recommend a suitable candidate within one year of the notification; or (ii) the post has actually remained vacant for more than two months after the notification of the vacancy to the Commission. It is thus evident that the management has to wait at least for a period of two months from the date of notification of the vacancy before it proceeds to make an appointment u/s 18(1) of the Act. The interest of the student community is bound to suffer in absence of a teacher at least for a period of sixty days. This would run counter to the object, the Second Removal of Difficulties Order, 1981 seeks to achieve. The interest of the student community is bound to suffer in absence of a teacher at least for a period of sixty days. This would run counter to the object, the Second Removal of Difficulties Order, 1981 seeks to achieve. The object which the Legislature wanted to achieve in enacting a law providing for adhoc appointment even against a short term vacancy has to be kept in mind while interpreting para 3(c) of the Second Removal of Difficulties Order, 1981 and If the expression "'the short term vacancy otherwise ceases to exist" occurring in Clause (c) is interpreted in the light of the object sought to be achieved by the Second Removal of Difficulties Order, 1981 then the expression has to he so construed as to mean cessation of vacancy itself, say by reason of abolition of post, as distinguished from cessation of short term vacancy as such by reason of its conversion into a substantive vacancy. The thrust of para 3(c) of the Second Removal of Difficulties Order, 1981 is on the cessation of vacancy as such and not on its conversion into substantive vacancy.1985 (1) UP LB EC 496, while construing Section 18(3)(3) of the Act. 12. As observed above whether the Management proceeds to fill up the substantive vacancy under the provisions of the First Removal of Difficulties Order, 1981 or u/s 18 of the Act, the process is time consuming and in certain cases it may consume more time than the period of leave on the grant of which to a teacher the Management is empowered to make adhoc appointment under the Second Removal of Difficulties Order, 1981. The Legislature must not be taken to have intended the defeat of the laudable objective sought to be achieved through the Second Removal of Difficulties Order, 1981. Education being the back bone of the all-round progress of the country it would be against public policy to allow the interest of the student community to suffer due to absence of teachers from duty on account of grant of leave, suspension or otherwise for a long time. 13. The question may be examined from another angle. There is no dearth of people managing educational institutions and the departmental authorities vested with supervisory/regulatory powers under the Statute, whose greed for money has superseded all concerns, social, moral, ethical etc. 13. The question may be examined from another angle. There is no dearth of people managing educational institutions and the departmental authorities vested with supervisory/regulatory powers under the Statute, whose greed for money has superseded all concerns, social, moral, ethical etc. that they might have had once and who do not hesitate in committing breach of moral and legal codes in the pursuit of their greedy personal and material ends. The falling standard of ethics and morality, the dwindling sense of public duty and dearth of people committed and devoted the cause of education, breed and develop a tendency, among these who matter, to exploit and bargain out of the prevailing conditions of unemployment. In order to prevent this mischief being done, the provisions contained in para 3(c) of the Second Removal of the Difficulties Order, 1981 has to be so construed as to exclude within Its ambit a mere change of nature of the vacancy from short term to a substantive one and, if necessary, the provision may be read down accordingly. 14. In my opinion, therefore, a teacher duly appointed against short term vacancy under para 2 of the Second Removal of Difficulties Order. 1981, would be entitled to continue even after the vacancy is converted into a substantive one by reason of resignation, retirement, death or otherwise till such time as a candidate selected for regular appointment turns up to join the post held by adhoc appointee unless his services are terminated earlier on grounds connected with misconduct, unsuitability or bonafide abolition of post. The view that 1 am taking would not only advance the object sought to be achieved by the Second Removal of Difficulties Order, 1981 but it would generate a sense of security to some extent, amongst the teachers so appointed which would be conducive to better performance of duty and at the same time it would prevent any unhealthy practice of corruption and exploitation of teachers either at the ends of the Management or at the ends of the Educational authorities the possibility of which cannot be ruled out if they are allowed to repeat the exercise of making adhoc appointment merely on account of change in the nature of vacancy. Any other view of para 3 (c) may render it unconstitutional being contrary to public policy. Any other view of para 3 (c) may render it unconstitutional being contrary to public policy. The fact that the appointment against short term vacancy is also required to be made on the basis of quality point marks as is done in the case of recruitment against substantive vacancy, is indicative of the fact that there is no qualitative difference in the methods of appointment under the aforesaid provisions. It is true that in case of appointment against a short term vacancy the management intimates the vacancy to the District Inspector of Schools and notifies the same on the notice board while in the case of appointment against substantive vacancy the District Inspector of Schools after receiving information from the management invites applications himself from the Local Employment Exchange and also through the public advertisement in at least two newspaper having adequate circulation in Uttar Pradesh This would certainly attract more candidates for choice of a suitable candidate. But once the appointment against short term vacancy is approved by the District Inspector of Schools it may not have been intended by the Legislature that such adhoc appointee would be replaced by another adhoc appointee merely because the nature of the vacancy has changed. If this procedure is allowed to be -followed it may lead to exploitation of adhoc appointee and corruption at the relevant levels as discussed herein before. 15. In Writ Petition No. 1524 of 1989 Sri Chandra Bhan Singh v. District Inspector of Schools and Anr. decided on 4-12-1991, M.L. Bhat, J. has held that the tenure of an adhoc appointee against short term vacancy would not tome iv an end merely because the vacancy has become substantive one. Reliance has been placed on certain Division Bench decisions referred to in the judgment dated 4-12-1991, a copy whereof is annexed as Anaexars-6 to the Article petition. It is true that there is no discussion in this judgment about the effect of Clause (c) of Para 3 of the Second Removal of Difficulties Order 1981 but it appears from the said decisions that so far as this Court is concerned it has consistently taken the view that an aahoc appointee aahoc short tens vacancy should be allowed to continue every if the vacancy is converted into substantive on? until he is replaced by a duly selected candidate or his services are terminated on the grounds connected with misconduct abolition of the post. Special Appeal No. 171 of 1991 filed against the aforesaid judgment was dismissed by a Division, isen.ch vide cider dated 20- 12-1991. Similar view was taken by me if writ petition No. 19914 or 1991 Chandra Kant Pandey v. District Inspector of Schools, Jaw our decided On 9-9-1991 and no decision taking a contrary view was brought to my office by the leaned Standing Counsel. 16. In view of the above discussion the petition succeeds and is allowed. The Respondents are directed to allow the Petitioner Km. Meena Singh to coppice as assistant teacher in L.T. Grade in the Collage and to pay her salary until she is replaced by a duly selected candidate. Bat this is without prejudice to the right of the Respondents to terminate her services on grounds connected with misconduct or abolition of post etc.