AKHILESH KUMAR SINGH v. DIST INSPECTOR OF SCHOOLS GHAZIPUR
1997-09-02
S.N.AGARWAL
body1997
DigiLaw.ai
SUDHIR NARAIN, J. The petitioner seeks writ of certiorari quashing the order dated 10-6-1996 refusing to accord finan cial sanction of the appointment of the petitioner as L. T Grade teacher in Gahmar Inter College, Gahmar, District Ghazipur (hereinafter referred to as the institution ). 2. The version of the petitioner is that one Shyam Bihari was working as Assis tant Teacher in L. T Grade in the institu tion. He went on leave without pay. The Committee of Management had sanc tioned his leave. The students of Biology were suffering on account of leave taken by Shri Shyam Bihari. The Committee of Management of the institution took steps to fill up the short-term vacancy. It adver tised the post in two daily newspapers, namely, Pioneer on 29-1-1996 and Swatantra Bharat on 30-1-1996. The petitioner applied for appointment. The Selection Committee interviewed the can didates on 18-2- 1996. The petitioner was selected by the Selection Committee. The Committee of Management passed resolution on 19-2-1996 approving the selection of the petitioner. The petitioner was given appointment letter on 8-3-1996. He joined the institution on the same day. 3. The papers were forwarded to the District Inspector of Schools, Ghazipur, respondent No. 1, for according financial sanction of the appointment. As respon dent No. 1 failed to pass any order, the writ petition was filed for a mandamus com manding respondents to pay the salary. 4. Respondent No. 1 filed counter-af fidavit and it was stated that financial sanc tion was refused on 10th June, 1996. A copy of the said order has been annexed as Annexure C. A. 1 to the counter-affidavit. It was refused on the ground that the Com mittee of Management of the institution had no right to make any appointment in view of the provisions of Uttar Pradesh Secondary Education Services Commis sion Rules, 1995 (hereinafter referred to as the Rules 1995) which prohibits the Committee of Management to make any direct recruitment. 5. The petitioner filed application to amend the writ petition and has sought to quash the said order in this writ petition. 6. The core question is whether the appointment of the petitioner was in violation of the provisions of the Rules 1995. Rule 12 prescribes the procedure for making direct recruitment by the Uttar Pradesh Secondary Education Services Commission. Rule 14 prescribes the pro cedure for recruitment by promotion.
6. The core question is whether the appointment of the petitioner was in violation of the provisions of the Rules 1995. Rule 12 prescribes the procedure for making direct recruitment by the Uttar Pradesh Secondary Education Services Commission. Rule 14 prescribes the pro cedure for recruitment by promotion. Rule 15 provides the procedure for ad hoc appointment by direct recruitment. It provides that where ad hoc appointments of the teachers, in respect of vacancies to be filled by direct recruitment, are to be made under Section 18 of the Act, the Deputy Director shall advertise the vacan cies subject-wise for Lecturers Grade and group-wise for trained graduates L. T Grade in two newspapers having wide cir culation in the district and the other in the State and invite applications for ad hoc appointments in the proforma given in Ap pendix E The candidates shall send the applications by registered post to the Deputy Director within 15 days from the date of publication of advertisement in the newspapers along with the papers and fee as prescribed therein. The Deputy Direc tor shall scrutinise the applications and shall get the list of candidates prepared on the basis of quality point. The Selection Committee shall, after considering the cases of the candidates, prepare a list provided in the manner referred to in Rule 15 of the Rules. 7. The word "vacancy" has been defined under Rule 2 (d) as follows: " "vacancy" means a vacancy arising out as a result of death, retirement, resignation, ter mination, dismissal or removal of a teacher or creation of new post or appointment or promo tion of the inumbent to any higher post in a substantive capacity. " 8. The definition of vacancy does not contemplate a short term vacancy. The short term vacancy has been specified under Para 2 of U. P. Secondary Education Services Commission (Removal of Dif ficulties) (Second) Order, 1981. The short term vacancy may arise on the post of a teacher caused by giant of leave or on account of his suspension duly approved by the District Inspector of Schools or otherwise.
The short term vacancy has been specified under Para 2 of U. P. Secondary Education Services Commission (Removal of Dif ficulties) (Second) Order, 1981. The short term vacancy may arise on the post of a teacher caused by giant of leave or on account of his suspension duly approved by the District Inspector of Schools or otherwise. The Committee of Manage ment can make appointment by promot ing the permanent senior most teacher of the institution in the next lower grade and where the vacancy cannot be filled by promotion due to non-availability of a teacher in the next lower grade in the in stitution, possessing the prescribed mini mum qualifications, it shall be filled by direct recruitment. The procedure for making appointment has been provided under Para 2 (3) of the aforesaid Order. The management is to intimate the vacan cy to the District Inspector of Schools and shall get notified the same requiring the candidates to apply to the Manager of the institution. The selection is to be made on the basis of quality point marks specified in the Appendix. The Manager of the in stitution shall forward it to the District Inspector of Schools for his approval and the District Inspector of Schools shall communicate its decision on the receipt of papers by him. 9. In Radha Raizada and others v. Committee of Management of Vidyawati Girls Inter College and others, 1994 (3) UPLBEC 1551 , the Full Bench has held that the Committee of Management is en titled to make appointment on short term vacancy in accordance with the procedure laid down under Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 Uttar Pradesh Secondary Education Services Commission Rules, 1995 does not provide for making ad hoc appointment on short term vacancy. The appointment to such short term vacancy is to be made as provided under U. P. Secondary Education Services Commission (Removal of Dif ficulties) (Second) Order, 1981. 10. In the counter-affidavit respon dent No. 1 has not pointed out any other irregularity in the procedure adopted by the Committee of Management of the in stitution. 11. In view of the above the writ peti tion is allowed. The order dated 10-6-1996 is hereby quashed. The respondents are directed to pay salary to the petitioner of his appointment to short term vacancy.
11. In view of the above the writ peti tion is allowed. The order dated 10-6-1996 is hereby quashed. The respondents are directed to pay salary to the petitioner of his appointment to short term vacancy. It will be, however, open to the respondent No. 1 to ascertain the period of leave of Shyam Bihari. The parties shall bear their own costs. Petition allowed. .