ASHUTOSH SHARMA v. SECONDARY EDUCATION SERVICE COMMISSION
1996-11-13
M.KATJU
body1996
DigiLaw.ai
M. KATJU, J. ( 1 ) HEARD learned counsel for the petitioner. ( 2 ) THE petitioner was appointed on 17-12-1992 as L. T. grade teacher in Manohar Bhushan Inter college, Bareiliy. He is challenging the appointment of respondent Nos. 6 and 7 by the U. P. Secondary Education Service Commission. ( 3 ) IN my opinion, this writ petition is liable to be dismissed on a short ground. It has been held by the Full Bench decision of this Court in Radim Raizada v. D. I. O. S. and Ors. , (1994) 3 uplbec 1551 that even a short term vacancy has to be advertised in the newspapers. This decision of the Full Bench has been upheld by the Supreme Court and I have held in Surendra kumar Dixit v. D. I. O. S. Agra and Ors. , 1995 ALR (26), 601 that the vacancy should be advertised in two well known news papers having wide circulation. ( 4 ) BY my order dated 16-10-1996 I had granted learned counsel for the petitioner time to file a supplementary affidavit clearly stating in which news papers the vacancy was advertised. Learned counsel for the petitioner has been unable to show me that the vacancy was advertised in any news paper, much less well known news papers. Hence, the initial appointment of the petitioner was illegal and void. ( 5 ) LEARNED counsel for the petitioner has relied on the decision of Supreme Court in Sardara singh v. State of Punjab, AIR 1991 SC 2248 , and has placed reliance on Paragraph-4 of the said judgment where it has been held that even if the vacancy was notified on the notice board the selection would only be irregular. In my opinion this decision has no application to the facts of this case. It may be firstly noted that this decision relates to the selection of Patwaris under the punjab Revenue and Patwari Service Rules. In my opinion the post of Patwari cannot be equated to the post of a teacher. The appointment of a teacher does not mean merely giving a job to one person, If a wrong person is appointed as a teacher it can ruin the lives of thousands of children.
In my opinion the post of Patwari cannot be equated to the post of a teacher. The appointment of a teacher does not mean merely giving a job to one person, If a wrong person is appointed as a teacher it can ruin the lives of thousands of children. A teacher is a guru and has been given the highest place in our culture, and in my opinion the appointment of correct person as a teacher is essential for the development of the State. Hence, in my opinion the decision in Sardaras case (Supra) has no application at all to the facts of this case. ( 6 ) IT may be noted that the decision of the Full Bench of this Court in Radha Raizadas case has been upheld by the Supreme Court in Prabhat Kumar Sharma v. State of U. P. , 1996 (6) JT 579 : (1996) 3 UPLBEC 1959 (SC) and the decision in Radha Raiz-adas case and S. K. Dixits case directly apply to the facts of the present case, since these decisions were relating to teachers in u. P. Moreover in the decision in Sardaras case it has been observed in Paragraph-4 that the selection was not vitiated because the grievance was not voiced by the persons concerned. Hence no help can taken by the petitioner from the decision of the Supreme Court in Sardara Singhs case. ( 7 ) LEAREED counsel for the petitioner submitted that the petitioners name was called from the employment Exchange. In my opinion calling a name from the Employment Exchange does not fulfill the requirement of law as liad down in Radha Raizadas case (supra ). In an Employment exchange persons can get their names registered and thereafter they could manage to get their names sent to the institution concerned. If this procedure is permitted for appointment of teachers it will give a go by to the ratio of the decision of Radha Raizadas case. ( 8 ) THE purpose of advertising the vacancy in two well known news papers having wide circulation is to enable the highly qualified and bright persons to apply for the job of teacher, because if there is no adequate publicity they will not be able to apply.
( 8 ) THE purpose of advertising the vacancy in two well known news papers having wide circulation is to enable the highly qualified and bright persons to apply for the job of teacher, because if there is no adequate publicity they will not be able to apply. Hence this Court has rightly insisted upon adequate publicity through two well known news papers having wide circulation since that will reduce the chances of arbitrariness and extraneous conditions in appointments of teachers. ( 9 ) IN these circumstances, there is no merit in this writ petition. The writ petition is dismissed.