ANOOP KUMAR DUBEY v. DIRECTOR OF EDUCATION (MADHYAMIK)
2001-03-26
A.K.YOG
body2001
DigiLaw.ai
A. K. YOG, J. ( 1 ) ADMITTEDLY, Petitioner was sought to be appointed on ad-hoc basis on short-term vacancy under the provisions of U. P. Secondary Education Commission and Selection Board Act, 1982 read with relevant Second Removal of Difficulties Order, 1981. ( 2 ) THE Manager of the institution informed by sending requisite papers including resolution of the Committee of Management of his College, Sarvajanik Inter College, Iradat Nagar, Agra (Annexures-3 and 6 to the Writ Petition) its decision to appoint the petitioner on ad-hoc basis. The concerned District Inspector of Schools refused to accord approval/financial sanction in favour of the Petitioner vide impugned order dated April 17, 1996 (Annexure-7 to the Writ petition ). The District Inspector of Schools refused to accord sanction on two grounds namely : 1. The Director of Education vide his letter dated June 9, 1995 had directed for not according approval, and 2 In view of the letter of Director of Education (Secondary), U. P. , Alla- habad dated February 6, 1996, U. P. Secondary Education Commission was re-established and hence question of approval at District Inspector of Schools level did not arise. ( 3 ) RESPONDENTS have sought to take an additional defence, which does not find place in the impugned order, namely, the advertisement not having been made in two newspapers of wide circulation in entire State. In Para 2 of the Counter- Affidavit it is mentioned that issuing advertisement in two newspapers-dainik Gaurav and dainik Sainik was merely formality. The impugned order cannot be supported on a ground, which does not find mention in the impugned order. The allegations in the Counter-Affidavit to that effect are irrelevant and liable to be ignored. ( 4 ) BESIDES the above, distinction it is to be kept in mind that when a stop gap/ad-hoc/officiating appointment is sought to be made on as compared to regular selection/appointment it cannot be equated with regular selection. Stop gap appointee has to walk out as soon as regular selected person comes to join. Otherwise also the very purpose of making ad-hoc appointment against short term vacancy or for a fixed period when regular selection cannot be held and regular selectee is not available, will be frustrated if the process/procedure prescribed for regular selection is adopted. In making regular advertisements, as required for regular selections, may consume the entire period of short-term vacancy.
Otherwise also the very purpose of making ad-hoc appointment against short term vacancy or for a fixed period when regular selection cannot be held and regular selectee is not available, will be frustrated if the process/procedure prescribed for regular selection is adopted. In making regular advertisements, as required for regular selections, may consume the entire period of short-term vacancy. There is practical aspect of the matter, candidate living in extreme eastern corner of the State is not normally expected to be willing to join against a short term vacancy at a distant place in the western part of the State. Selection of best available candidate is to be viewed in anothert context of special emergent circumstances warranting immediate remedial step requiring engagement of teacher without causing irreparable loss to the teaching of students since academic session shall not wait appointment of a regular teacher by following regular procedure and deprive the students of teaching in totality. While attending a patient in, emergency, situation may arise when one is not expected to look for the best of the medical facility in that town itself. This aspect has been noticed in AIR 1998 SC 331 (Pr. 19 and 20) and in a later judgment of Apex Court reported in 1996 (7) SCC 577 (Pr. 66 and 67 ). ( 5 ) AN advertisement apart from notifying on Notice Board of the institution, should be made in two recognised daily newspapers (one Hindi and one English) District level and one State level daily newspaper (recognised by District Magistrate/collector concerned, if any ). ( 6 ) THE second ground of Secondary Education Commission being re-organized/ re-established is also not relevant in view of the fact that in the matter of short term vacancy provisions of the removel of Difficulties Order had to be looked and approval granted if the management and the concerned candidate satisfied legal requirement as contained in the Commission Act and the removal of Difficulties Order. This aspect, in my opinion, requires deeper consideration in an appropriate given case in future. The question whether State Government could impose ban upon appointments in educational institution came before this Court in several decisions, initially ban orders were stayed and subsequently held that such a ban was not warranted. This Court takes judicial notice of the fact that ban was shortly thereafter lifted by the State Government itself.
The question whether State Government could impose ban upon appointments in educational institution came before this Court in several decisions, initially ban orders were stayed and subsequently held that such a ban was not warranted. This Court takes judicial notice of the fact that ban was shortly thereafter lifted by the State Government itself. As has been noticed by learned Single Judge in his judgment and order dated 15th May, 1996 in the case of Virendra Kumar v. District Inspector of Schools, Agra and Ors. . In aforesaid case learned single Judge directed the Petitioner to approach Regional Director to examine the matter and pass appropriate order in the matter of grant of approval to the Petitioner. Accordingly, direct the petitioner to approach Regional Director of Education along with a certified copy of this judgment within six weeks from today and if the Petitioner approaches said authority within the above stipulated time by filing requisite application, the said authority shall pass appropriate orders within three weeks of the receipt of the certified copy of this judgment. The said authority shall examine the question as to whether ad-hoc appointment against short term vacancy on the relevant date should be made by the management or not irrespective of Commission having been re-organised/ re-established. ( 7 ) THE impugned order dated 11th April, 1996 is hereby set aside. Petition stands allowed subject to the directions made above. ( 8 ) NO costs. .