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1999 DIGILAW 1030 (ALL)

BHANU KUMAR DUBEY v. DISTRICT INSPECTOR OF SCHOOLS, MIRZAPUR

1999-07-26

V.M.SAHAI

body1999
V. M. SAHAI, J. ( 1 ) THE petitioner qualified to be appointed as lecturer in Sanskrit was declared a reserve pool teacher by this Court on 23. 1. 1991 in Civil Misc. Writ Petition No. Nil of 1991, Km. Manisha dubey. Such a teacher under Section 21b of the Uttar Pradesh Secondary Education Service selection Boards Act, 1982 (In brief Act) is entitled to be absorbed on direct post on priority basis. The petitioners name was entered on the register of reserve pool teachers by the Deputy director of Education (Secondary) by letter dated 14. 3. 1991. Yet the petitioner was not appointed. Therefore, he filed a writ petition which was disposed of on 8. 5. 92 directing District inspector of Schools to decide his representation. In pursuance of the direction, the District inspector of Schools decided the representation on 1. 7. 92. It was held that earlier the petitioner was not treated as reserve pool teacher but after the decision of this Court on 23. 1. 91, his name has been brought on the list of reserve pool teachers by the Deputy Director of Education (Secondary ). There was. however, at present no post vacant in the district of Sanskrit lecturer but a letter has been received from Principal, Raj as than Inter College, Mirzapur. that the institution has been granted permission to impart education in Sanskrit but no order of sanction has been received. The petitioner may, therefore, report at Rajasthan Inter College and from the date of sanction his appointment shall be deemed to be regular. ( 2 ) THE petitioner on 14. 7. 92 went to join in the institution but the Manager refused permission to him to join. The petitioner on 15. 7. 92 filed an application before the District Inspector of schools to accept his joining and pay him salary. He gave reminders to the District Inspector of schools on 5. 1. 93 but nothing was done. The petitioner in the writ petition has annexed the order of the Madhyamik Shiksha Parishad, U. P. by which permission and recognition had been granted to the institution for running classes in Sanskrit from the examination year. 1984. The petitioner has also filed as Annexure-9 to the writ petition a letter of the Principal addressed to the Additional Director of Education (Secondary) dated 21. 10. 1984. The petitioner has also filed as Annexure-9 to the writ petition a letter of the Principal addressed to the Additional Director of Education (Secondary) dated 21. 10. 91 by which it was informed that classes in Sanskrit and other subjects regarding which recognition has been granted are being run in the institution, but the matter of creation of posts in the subjects is pending, therefore, he requested that the posts be immediately created. But nothing was done by the respondents. The petitioner, therefore, has approached this Court for direction to Rajasthan Inter College. Mirzapur, to issue an appointment letter or to appoint him Jn any other college. ( 3 ) I have heard Shri G. S. Bhatt, learned counsel for the petitioner, Shri M. M. Ghildiyal. standing counsel for respondent No. 1 and Shri S. K. Lal. learned counsel appearing for respondent No. 2. The respondent No. 2 has not filed any counter-affidavit. ( 4 ) LEARNED counsel for the petitioner urged that the petitioner was a reserve pool lecturer in sanskrit and he was entitled to be appointed in District Mirzapur in the institution run by respondent No. 2 and in case there was no vacancy available at Mirzapur, he should be appointed in some neighbouring district. The learned counsel pointed out that under the orders of the district Inspector of Schools, he went to join in the institution of respondent No, 2 but he was illegally refused permission to join by respondent No. 2. therefore, the petitioner is entitled for his salary. On the other hand, learned standing counsel argued that since there was no sanctioned post of lecturer in Sanskrit vacant in the institution run by respondent No. 2, the petitioner was rightly denied appointment and no relief can be granted to him. Learned counsel for the petitioner relied upon a Judgment of this Court in Shri Bansn Narain Pandey v. Secretary, madhyamik Shiksha Parishad and others, Writ Petition No, 10666 of 1992, decided on 27. 1. 99. wherein this Court took the view that if permission to run classes has been given by the secretary, Madhyamik Shiksha Parishad. Learned counsel for the petitioner relied upon a Judgment of this Court in Shri Bansn Narain Pandey v. Secretary, madhyamik Shiksha Parishad and others, Writ Petition No, 10666 of 1992, decided on 27. 1. 99. wherein this Court took the view that if permission to run classes has been given by the secretary, Madhyamik Shiksha Parishad. then it shall be deemed that the post has also been created in the subject for which permission was given to run classes and accordingly in view of this judgment learned counsel for the petitioner urged that the post of lecturer in Sanskrit will be deemed to be existing and the petitioner was rightly recommended by the District Inspector of schools on 1. 7. 92 for being appointed as lecturer in Sanskrit in Rajasthan Inter College, mirzapur. The arguments of counsel for the petitioner cannot be accepted in view of the decision given in the case of Gopal Dubey v. District Inspector of Schools, 1999 (1) UPLBEC 1 (FB), wherein the Full Bench held that no salary can be paid to a teacher appointed for a subject without obtaining sanction or approval of the authority. Appointment on a post for which no approval has been granted does not make the Government liable to pay it nor the management can claim reimbursement. ( 5 ) IT is not disputed in the counter-affidavit by the respondents that recognition to run Sanskrit classes in Intermediate classes was given by the Madhyamik Shiksha Parishad on 8. 4. 83 and the institution had applied for creation of the post of lecturer in Sanskrit in the institution which was pending before the Director of Education [secondary ). Therefore, the Director of Education is required to take a decision on the papers submitted by the institution with regard to creation of post of lecturer in Sanskrit in the institution. In case the Director creates and approves the post of lecturer in Sanskrit in the institution. , the petitioner shall be entitled to be appointed on that post as lecturer in Sanskrit being a reserve pool teacher. In case the Director finds that the post of lecturer in Sanskrit cannot be created in the institution and further that there is no other post of lecturer in Sanskrit vacant in District Mirzapur in that case under Section 21c of the Act. In case the Director finds that the post of lecturer in Sanskrit cannot be created in the institution and further that there is no other post of lecturer in Sanskrit vacant in District Mirzapur in that case under Section 21c of the Act. the director has ample powers to direct the petitioner to be appointed in some neighbouring district. ( 6 ) THIS writ petition is accordingly finally disposed of with direction to the Director of Education (Secondary ). U. P. , Allahabad to take a final decision about creation of post of lecturer in sanskrit in Rajasthan Inter College, Mirzapur. as the matter of creation of the posts is pending before him since 21. 10. 1991 as per Annexure-9 to the writ petition and in case he finds that the post of lecturer in Sanskrit is to be created in the institution he shall grant approval and shall further direct the institution to appoint the petitioner on the post of lecturer in Sanskrit. ( 7 ) IN case the Director of Education (Secondary) finds that the post of lecturer in Sanskrit in rajasthan Inter College, Mirzapur, cannot be created or there is no post available in the institution on which the petitioner can be appointed, in that event he shall find out the vacancy of lecturer in Sanskrit in any other district and if there is a vacancy of lecturer in Sanskrit in any other district, he shall direct the name of the petitioner to be entered in the register of Reserve pool Teachers of that district and shall issue necessary orders for appointment of petitioner as lecturer in Sanskrit. ( 8 ) BOTH the aforesaid directions shall be carried out by the Director of Education (Secondary ). U. P. . Allahabad, within a period of four months from the date of production of a certified copy of this order before him. ( 9 ) THE parties shall bear their own costs.