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Allahabad High Court · body

2004 DIGILAW 1845 (ALL)

Rakesh Chandra Misra v. State of U. P.

2004-09-16

PRADEEP KANT

body2004
PRADEEP KANT, J. ( 1 ) THE controversy involved in this Bunch of writ petitions being one and the same, is being answered by one common order. ( 2 ) THE petitioners who are the teachers (Assistant Teachers or. Lecturers) appointed directly in different Intermediate Colleges allegedly on short-term vacancies on ad hoc basis have been refused approval of their appointment by the District Inspector of Schools either expressly or impliedly and thus were not being paid salary, which compelled them to file the present writ petitions. ( 3 ) IT is not necessary to give details of the qualifications of the petitioners or their eligibility for holding the post of teachers (Assistant Teachers or Lecturers) nor the seniority or the date of their appointment as all the petitioners were appointed on the post of Lecturers by the Committee of Management of their colleges during the period when the Committee of Management of all the institutions was allegedly bereft of its power to make ad hoc appointments or even appointment on short-term vacancies on the post of Lecturers. ( 4 ) THE Petitioners have raised various please in respect of their claim for payment of salary in the given pay-scale of Lecturers which broadly are as under : (a) In all the cases appointments have been made by their respective Committee of Management on the post of Lecturer on ad hoc basis by direct recruitment. (b) The appointments so made are protected being made on short-term vacancies, under the provisions of Regulation 9, Chapter II of the U. P. Intermediate Education Act, 1921 and that section 16-E (11) of the Act also protects appointments made during the mid-academic session which appointments may be continued, till a regularly selected candidate is made available by the Selection Board. (c) Requisition was sent to the Commission through District Inspector of Schools for making regular appointment but the Commission having failed to make appointments within the time prescribed gave liberty to the Committee of Management to make ad hoc appointments. (d) In some cases requisition has been sent to the District Inspector of Schools but the appointments having not been made compelled the Committee of Management to make the appointments. (d) In some cases requisition has been sent to the District Inspector of Schools but the appointments having not been made compelled the Committee of Management to make the appointments. (e) In the absence of teachers being appointed by the Commission or by the Regional Selection committee or by the District Inspector of Schools, as the case may be, neither the regularly selected candidates were made available nor the ad hoc teachers could be appointed by the authority concerned with the result, it adversely effected the studies of the students who were to be imparted instructions in respective subjects for appearing in the examination, and therefore, in the interest of the students, such appointments were made by the respective Committee of management. ( 5 ) THE vacancies occurred during the mid-academic- session either because of the promotion of the regular incumbent as officiating Principal or because of the retirement of the regular incumbent or otherwise, but were not filled in through the Agency of the Commission or through the Regional Selection Committee, therefore, the said vacancies are said to be short-term vacancies which were filled in by the Committee of Management to keep the college functioning and to protect the interest of the students. ( 6 ) THE prayer for declaration of Section 33-E of U. P. Secondary Education Service Commission and Selection Board Act, 1982 (UP. Act No. 5 1982), (hereinafter referred to as the Selection board Act), as invalid, has also been made. ( 7 ) BEFORE proceeding further it would be appropriate to mention that though in the writ petition a plea has been raised challenging the vires of the aforesaid provision but no arguments on the invalidity of the same were advanced by the Counsel for the petitioners. It is, therefore, nor necessary for the Court to dwell upon the sustainability or invalidity of the aforesaid provision. That being so. The writ petitions are being considered on the basis of the Scheme of the Act and the Rules and Regulations as they are applicable and the right of the Committee of Management to appoint Lecturers in short-term vacancies or on ad hoc basis or otherwise during the period when the present appointment were made. That being so. The writ petitions are being considered on the basis of the Scheme of the Act and the Rules and Regulations as they are applicable and the right of the Committee of Management to appoint Lecturers in short-term vacancies or on ad hoc basis or otherwise during the period when the present appointment were made. ( 8 ) THE appointments on short-term vacancies on the post of teachers were allowed to be made under various Removal of Difficulties Orders as issued from time to time in the manner and for the period prescribed therein but after induction of Section 33-E all the said (Removal of difficulties) Orders stood rescinded and the learned Counsel for the petitioners have not been able to substantiate their plea that the said Removal of Difficulties Orders may be treated to be still in force for the purposes of meeting the exigencies of requirements of the teachers for imparting instructions in particular subject during the academic Session or till a regular selected candidate becomes available. ( 9 ) SECTION 32 of the Selection Board Act says that the provisions of U. P. Intermediate Education act and the Regulations made therein in so far as they are not inconsistent with provisions of this act or the Rules made there under shall continue to be in force for the purposes of selection, appointment, promotion, dismissal, removal, termination or reduction in rank of a teacher. ( 10 ) THE aforesaid provision makes it clear that the provisions of the U. P. Intermediate Education act, which are inconsistent with the provisions of Selection Board Act would have to give way to the provisions of the later Act. ( 11 ) ALL the institutions which are recognized under the provisions of U. P. Intermediate Education act, 1921 and are governed by the said Act and the Regulations framed there under, are governed for the purposes of Payment of Salary, by U. P. High School and Intermediate College (Payment of Salaries to the Teachers and other Employees) Act, 1971. ( 11 ) ALL the institutions which are recognized under the provisions of U. P. Intermediate Education act, 1921 and are governed by the said Act and the Regulations framed there under, are governed for the purposes of Payment of Salary, by U. P. High School and Intermediate College (Payment of Salaries to the Teachers and other Employees) Act, 1971. ( 12 ) THE argument of the petitioners that their appointments would still be protected by referring them to the provisions of Regulation 9 of Chapter II or Section 16-E (11) of the U. P. Intermediate Education Act, has to be considered in the light of the Scheme of the Selection board Act, 1982, as it stood amended from time to time and the Rules and Regulations framed there under and at the same time, the provisions of U. P. Intermediate Education Act and the rules and Regulations framed there under. ( 13 ) PRIOR to the issuance of U. P. Ordinance No. 8 of 1981 promulgated on 10th July, 1981 the up. Intermediate Education Act, 1921 and the Rules and Regulations framed there under were completely holding the field in the matter of appointment of Teachers, Headmasters, and principal and other Staff of the College and also with regard to their conditions of service. On 10. 7. 1981, The U. P. Ordinance No. 8 of 1981 was promulgated. It was repeated by U. P. Ordinance No. 23 of 1981. This ordinance was repeated by U. P. Act No. 5 of 1982 (Selection board Act, 1982) which came into effect on 14,7. 1981. Section 36 of the Act provided that anything done or any action taken under U. P. Ordinance 8 of 1981 and U. P. Ordinance No. 23 of 1981 shall be deemed to have been done or taken under the Act as if the Act was in force at all particular time. ( 14 ) THE Commission for selecting the teachers was constituted by U. P. Ordinance No. 8 of 1981 but since its establishment was likely to take some more time, therefore, the necessity arose for issuing Removal of Difficulties Order, (First) Order, 1981. ( 14 ) THE Commission for selecting the teachers was constituted by U. P. Ordinance No. 8 of 1981 but since its establishment was likely to take some more time, therefore, the necessity arose for issuing Removal of Difficulties Order, (First) Order, 1981. The Removal of Difficulties (First)Order, 1981 was issued, to facilitate the making of appointments on the vacancies already existing which could have been filled in under the provisions of U. P. Intermediate Education act, the same having been repeated and the difficulty in making the selection of teacher was to be removed in the interest of the students as well as in the interest of the institution. This was the reason for issuance of the aforesaid (Removal of Difficulties) Order. This order was issued on 31st July, 1981. The Order permitted the Committee of Management to make ad hoc appointments either by promotion or by direct recruitment under the circumstances mentioned in paragraph 2 of the said order, which read as under, in the manner prescribed in the aforesaid order, from amongst the candidates, who fulfilled the eligibility conditions provided therein, for the duration specified : "2. Vacancies in which ad hoc appointment can be made. The Management of an institution may appoint by promotion or by direct recruitment a teacher on purely ad hoc basis in accordance with the provisions of this Order in the following case, namely : (a) in the case of a substantive vacancy existing on the date of commencement of this Order caused by death, retirement, resignation or otherwise; (b) in the case of a leave vacancy, where the whole or un-expired portion of the leave is for a period exceeding two months on the date of such commencement; (c) where a vacancy of the nature specified in clause (a) or clause (b) comes into existence within a period of two months subsequent to the date of such commencement. " ( 15 ) THEREAFTER U. P. Secondary Services Commission (Removal of Difficulties) (Second) Order, 1981, was issued on 11. 9. 1981 which provided for filling up short-term vacancies by the committee of Management by promotion of the permanent Senior most teacher of the institution, and where the short-term vacancies could not be filled in by promotion due to non-availability of the teacher in the next lower grade possessing the minimum prescribed qualification the same was to be filled in by direct recruitment. ( 16 ) THE vacancies caused by grant of leave of the teacher or on account of his suspension duly approved by the District Inspector of Schools or otherwise, were known as short-term vacancies where such appointments were permitted to be made. The appointments either by promotion or by direct recruitment were to be made in accordance with the manner, prescribed in the Order itself and for the duration given therein. ( 17 ) PARAGRAPH 4 of the Order said that every appointment of the teacher under paragraph 2 shall be subject to conditions laid down in paragraph 6 of the First Removal of Difficulties Order, 1981 By virtue of (Removal of Difficulties) (Second) Order, 1981 paragraph 2 of the (First) (Removal of Difficulties) Orders, 1981 was substituted by the following paragraph : "2. The Management of an institution may appoint by promotion or by direct recruitment, a teacher on purely ad hoc basis in accordance with the provisions of this Order in the case of substantive vacancy caused by death, retirement, resignation, or otherwise. " ( 18 ) THE U. P. Secondary Education Services Commission (Removal of Difficulties) (Third)Order, 1982 was issued on 31st July, 1981, which made a little variation in Paragraphs 3 and 4 of the (Removal of Difficulties Order) (Second), 1981 but they are not material for the present controversy. ( 19 ) ANOTHER order known as U. P. Secondary Education Services Commissions (Removal of difficulties) (Fourth) Order, 1982 was issued on April 14, 1982, and thereafter Fifth and Sixth orders were issued. ( 20 ) THE (Removal of Difficulties) (First Order) allowed the Management to appoint a teacher by promotion or by direct recruitment on purely ad hoc basis in accordance with the provisions of the Order against substantive vacancies caused on the date of commencement of the Order, due to the death, retirement or otherwise and also against the leave vacancies, where the whole or expired period of leave did not exceed two months on the commencement of the (Removal of difficulties) (First) Order or where the vacancy in the nature of substantive as mentioned above came into existence within two months subsequent to the date of commencement of the said order. ( 21 ) THE (Removal of Difficulties) (Second) Order allowed the Committee of Management to make appointments by promotion or by direct recruitment or ad hop basis against short-term vacancies namely, caused by grant of leave to a teacher or on account of suspension duly approved by the District Inspector of Schools or otherwise. However, paragraph 5 of the (Removal of Difficulties) (Second) Order, in which an amendment was made to paragraph 2 of the (Removal of Difficulties) (First) Order, allowed the appointment by the Committee of management on ad hoc basis against the substantive vacancies also caused by death, retirement, or otherwise. ( 22 ) U. P. Act No. 5 of 1982 was notified namely, the U. P. Secondary Education Services commission and Selection Boards Act, 1982, on 2. 6. 1982 which came into force with effect from 14th July 1981. The said Act was enacted to give more fairness and transparency in the matter of selection of teachers in secondary institutions recognized by Board of High School and intermediate Examinations which appointments since were being earlier made under the provisions of U. P. . Intermediate Education Act, 1921 and the Rules and Regulations framed there under but which appointment were found to be at times not free and fair. The Act was also enacted with an intention to widen the field of selection and to enhance the availability of the suitable teachers. The Act provided besides various other provisions, provisions regarding constitution of Selection Board and its functions which of course included the selection of the teachers. It also provided special provision for reserved quota backlog and made the appointment of the teachers solely dependent on the recommendation of the Selection Board. ( 23 ) SECTION 16 (2) specifically provided that any appointment made in contravention of sub-section (1) shall be void whereas sub-section (1) prescribed that appointment shall be made only on the recommendations of the Board. ( 24 ) SECTION 18 gave power to the Committee of Management to make ad hoc appointment in the given circumstances and in the manner prescribed therein. It besides, other conditions, gave the requisite conditions, the eligibility criteria and the duration for, which the Committee of management of the Institution, could make ad hoc appointment of its own. ( 24 ) SECTION 18 gave power to the Committee of Management to make ad hoc appointment in the given circumstances and in the manner prescribed therein. It besides, other conditions, gave the requisite conditions, the eligibility criteria and the duration for, which the Committee of management of the Institution, could make ad hoc appointment of its own. ( 25 ) SECTION 34 is the power to make Regulations with the prior approval of the State Government for holding the selections and interview and the procedure to be followed by Commission whereas Section 35 empowered that State Government to make Rules for carrying out the said purpose of the Act. In exercise of power under Section 34 the U. P. Secondary Education Service commission, First Regulations, 1983 were framed in the year 1983 and thereafter certain more regulations were framed. State Government also framed U. P. Secondary Education Service commission Rules, 1983, 1985 and 1998. ( 26 ) THE Act was further amended in the year 1985 by inserting Section 33-A by U. P. Act, No. 19 of 1985 with effect from 12. 6. 1985 and thereafter sub-section (1-A), (1-B) and (1-C) have been inserted by U. P. Act No. 26 of 1991 with effect from 6. 4. 1991 for regularization of the teachers who were appointed by promotion on ad hoc basis. The eligibility conditions and the manner and procedure for regularizing the appointments of teachers either appointed directly or by promotion on ad hoc basis were also detailed in the various sub-clauses of the aforesaid provisions. Later on the prescribed cut of date was extended from time to time. ( 27 ) U. P. Secondary Education Services and Selection Board (Second Amendment) Act, 1992 (U. P. Act No. 24 of 1992) was notified on 29th November, 1992. By means of this amendment section 18 of the Principal Act was amended and was substituted by provisions mentioned in the aforesaid arnending Act. ( 28 ) THE substituted provisions of Section 18 though also allowed making of appointment purely on ad hoc basis either by direct recruitment or by promotion in accordance with the provisions contained in the sub-clauses mentioned therein but provided totally a different procedure for making ad hoc appointments, wherein the Committee of Management, was denuded with the power of making any appointment. ( 29 ) IN substance, it provided that in case the Institution has already notified the vacancies but the commission has failed to fill up the said vacancies within two months thereof, the Management was required to intimate the vacancies to the District Inspector of Schools, within a given time and in case the Institution fails in giving the aforesaid intimation in the manner prescribed, the district Inspector of Schools was obliged to determine the vacancies of his own after verifying the records. On the determination of such vacancies the Management would invite applications from all willing and eligible candidates in the manner prescribed. Sub-clause 9 of the aforesaid section 18 provided for constitution of selection Committee for making appointment on ad hoc basis consisting of the following namely, (1) District Inspector of Schools, (Chairman), (2) Basic shiksha Adhikari, (3) District Girls Inspectress of Schools and where such an Inspector was not available the Principal of the Government Girls Higher Secondary Schools and where there were more than one such institutions then Senior most Principal of such School and where there is no such institution also then the Principal nominated by the State Government of the Government girls Higher Secondary School. The aforesaid Selection Committee was to make selection of the teachers who would prepare a list of the selected candidates and forward the same to the managing Committee of the institution for making appointment. ( 30 ) WITH a view to give effect to the provision of Regularization of appoint- ments as laid down in the U. P. Act No. 5 of 1982 the U. P. Secondary Education Services Commission and Selection boards (Amendment) Act, 1992 was published in the U. P. Gazette, Part 1 (ka), dated 6. 1. 1993 (U. P. Act No. 1 of 1993 ). The aforesaid Act came into force on 17th December, 1993. In-the said amending Section 16 of the Principal Act was substituted by the following provision: "16. 1. 1993 (U. P. Act No. 1 of 1993 ). The aforesaid Act came into force on 17th December, 1993. In-the said amending Section 16 of the Principal Act was substituted by the following provision: "16. Appointment to be made only on the recommendation of the Board.- (1) Notwithstanding anything to the contrary contained in the Intermediate Education Act, 1921 or the regulations made there under but subject to the provisions of Section 21-B, 21-C, 21-D, 33, 33-A, and 33-B, every appointment of a teacher shall, on or after the date of commencement of the Uttar Pradesh secondary Education Services Commission and Selection Boards (Amendment) Act, 1992, be made by the Management only on the recommendation of the Board : provided that in respect of retrenched employees, the provisions of Section 16-EE of the intermediate Education-Act, 1921, shall mutatis mutandis apply. Provided further that the appointment of a teacher by. transfer from one Institution to another, may be made in accordance with the regulations made under clause (c) of sub-section (2) of section 16-G of the Intermediate Education Act, 1921. (2) Any appointment made in contravention of the provisions of sub-section (1) shall be void. " ( 31 ) THE Act apart from making certain other amendments in the Principal Act, omitted Section 18 of the said Act Section 34 and the Schedule to the Principal Act were also omitted. ( 32 ) LATER on by means of U. P. Secondary Education Services Selection Boards (Amendment)Act, 1995 the Principal Act was again amended and by virtue of Section 5 of the Amending Act, 1995, after Section 2 of the Principal Act, the Chapter II containing Sections 3 to 11 was inserted. ( 33 ) SECTION 9 of the Amendment Act, 1995 again substituted Section 18 in the Principal Act and laid down the condition which should exist for making ad hoc appointments, either direct or by promotion and also the manner and the procedure for making such appointments. ( 34 ) THIS provided for appointment of an ad hoc teacher by direct recruitment or promotion on failure on the part of the Commission to fill up the post by the Committee of Management for two months despite intimation being given to the Commission and also laid down specifically that the provisions of Reservation Act would apply white making the appointment on intermittent vacancies. Also it prescribed the constitution of the Selection Committee for each region for selection of candidates for ad hoc appointment by direct recruitment comprising regional Deputy Director of Education, Regional Deputy Director of Education (Second), and regional Assistant Director of Education (Basic ). The Regional Deputy Director of Education was to be the Chairman. On the recommendation of the aforesaid Committee the appointment should have been made as given therein. ( 35 ) THE Act was further amended by U. P. Secondary Education Services Commission (Amendment) Act, 1998 (U. P. Act No. 25 of 1998 ). This Act was published in U. P. Gazette (Extra), dated 27. 7. 1998 and came into force on April 20, 1998. This amendment besides making other amendments, by virtue of Section 8, again substituted Chapter II and Sections 3 to 11 of the Amendment Act by means of provisions contained therein. ( 36 ) SECTIONS 10 and 11 of Chapter II related to appointment to be made on the recommendation of the Board by direct recruitment, whereas Section 12 of Chapter III provided for selection for appointment by promotion. Section 16 of the Principal Act was also amended by virtue of section 8 of the aforesaid Act, which read as under : "8. Amendment of Section 16.-In Section 16 of the Principal Act in sub- section (1), for the words and figures "sections 18,21 -B, 21 -C, 21 -D, 33, 33-A and 33-B every appointment of a teacher, shall on or after the date of commencement of the Uttar Pradesh Secondary Education services Selection Boards (Amendment) Act, 1955, be made by the" Management only on the recommendation of the Commission" the words and figures "sections 12, 18, 21-B, 21-C, 21-D, 33, 33-A, 33-B, 33-C and 33-D every appointment of a teacher, shall on or after the date of the commencement of the Uttar Pradesh Secondary Education Services Commission (Amendment)Act, 1998 be made by the" Management only on recommendation of the Board" shall be substituted. " ( 37 ) SECTION 18 of the Principal Act was again amended by virtue of Section 9 of the aforesaid act, wherein the word Commission was substituted by the word board and sub-section (a) of section 9 prescribed the following Selection Committee- for ad hoc appointment by direct recruitment namely consisting of Regional Joint Director of Education, Regional Deputy director of Education (Secondary), Regional Assistant Director of Education (Basic), and the regional Joint Director of Education the Chairman. " ( 38 ) IT also provided for regularizatibn of certain more appointments under Section 33-C, the appointments being made within the period prescribed therein, ( 39 ) THE (Removal of Difficulties Orders) (First), (Second), (Third) and (Fourth), were rescinded by insertion of new Section 33-E, in U. P. Act No. 5 of 1982 by virtue of U. P. Secondary education Services Selection Board (Amend- ment) Act, 1999, which was published in the extra-Ordinary Gazette on 24th March, 1999 but it was deemed to have come into force on 25. 1. 1999 Section 2 of the aforesaid Act 13 of 1999 which reads as under, rescinded all the removal of Difficulties Orders, mentioned therein : (2) Insertion of new Section 33-E in U. P. Act No. 5 of 1982.-After Section 33-D of the Uttar pradesh Secondary Education Services Selection Board Act, 1982 hereinafter referred as the principal Act, the following Section shall be inserted namely : "33-E. Rescission of orders.-The Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981, the Uttar Pradesh Secondary Education Services commission (Removal of Difficulties) (Third) Order, 1982 and the Uttar Pradesh Secondary education Services Commission (Removal of Difficulties) (Fourth) Order, 1982 are hereby rescinded. " It also repeated the U. P, Ordinance No. 5 of 1999. ( 40 ) AFTER repeat of the aforesaid (Removal of Difficulties) Orders by virtue of insertion of section 33-E in the principal Act, a further amendment was made by U. P. Secondary Education services Selection Board Act, 2001 (U. P. Act No. 5 of 2001) which came into force on december 30, 2000. ( 40 ) AFTER repeat of the aforesaid (Removal of Difficulties) Orders by virtue of insertion of section 33-E in the principal Act, a further amendment was made by U. P. Secondary Education services Selection Board Act, 2001 (U. P. Act No. 5 of 2001) which came into force on december 30, 2000. This Act amended Section16 of the principal Act by virtue of Section 2 which substituted the word in sub- section (l)for the words and figures "sections 12, 18, 21-B, 21-C, 21-D, 33, 33- A, 33-B, 33-C and 33-D every appointment of a teacher shall on or after the date of commencement of the Uttar Pradesh Secondary Education Services Commission (Amendment) Act, 1998 be made by the Management only on the recommendation of the Board" by the following : "sections 12, 18, 21-B, 21-C, 21-D, 33, 33-A, 33-B, 33-C, 33-D and 33-F, every appointment of a teacher, shall on or after the date of the commencement of the Uttar Pradesh Secondary education Services Selection Board (Amendment) Act, 2001 be made by the Management only on the recommendation of the Board. " ( 41 ) SECTION 18 was again substituted by virtue of Section 3 of the Act, 2001 which made a provision, only, for making ad hoc appointment on the post of Principal or the Head Master on purely ad hoc basis by promoting senior most teacher in case the Management had intimated the vacancies to the Board in accordance with sub-section (1) of Section 18 and the said vacancies actually remained vacant for more than two months. ( 42 ) THIS Act did not make any provision for making any ad hoc appointment on the post of lecturers or teachers other than the Principal or Headmasters. The Act further made provisions for insertion of Section 33-F. ( 43 ) THUS by virtue of Amending Act, 2001 (U. P. Act No. 5 of 2001), the power to make ad hoc appointments of teachers either by direct appointment or by promotion other than the Principal and Headmasters of the institution was taken away completely. Neither the Educational authorities nor the Committee of Management could make any ad hoc appointment of teacher, thereafter under the Selection Board Act. Neither the Educational authorities nor the Committee of Management could make any ad hoc appointment of teacher, thereafter under the Selection Board Act. Under the circumstances, no institution was allowed to have any ad hoc teacher either by direct appointment or by promotion irrespective of the fact as to whether the vacancy has been notified by Commission and there are no selected candidates available for imparting instructions to the students despite the subject being sanctioned and duly approved by the Educational Authorities. ( 44 ) THE right of the Committee of Management of an institution to make appointment of teachers against substantive or on short-term vacancies on ad hoc basis, prior to the enforcement of U:p. Act No. 5 of 1982 was governed by the Provisions of the Act, of 1921 and the Rules-and regulations framed there under. In regard to the appointments to be made on short-term vacancies, the power of the Committee of Management was referable to the provisions of regulation 9 of Chapter II and Section 16-E (11) of the Act but after the enforcement of the selection Board Act, 1982, the said Act held the field and appointment on short- term basis could be or could have been made only under the various (Removal of Difficulties) Orders referred to above or under the provisions of the Act itself viz; Section 18, as it stood amended from time to time. ( 45 ) THERE is no difficulty in holding that the various (Removal of Difficulties) Orders gave power to the Committee of Management to make appointments on substantive or short-term vacancies as the case may be. The power could have been exercised by the Committee in the manner prescribed by making the appointments from amongst the eligible candidates on the criteria, and the procedure detailed therein. The appointments were also allowed to be made on ad hoc basis under Section 18 of the Act in the given circumstances, though the said provision had gone under frequent changes as is apparent from the various amendments referred to above. The appointments were also allowed to be made on ad hoc basis under Section 18 of the Act in the given circumstances, though the said provision had gone under frequent changes as is apparent from the various amendments referred to above. ( 46 ) INITIALLY the principal Act, authorized the Committee of Management to make appointments by direct recruitment or promotion on ad hoc basis from amongst the persons possessing qualification prescribed under the Act or the Regulations framed there under, in case, the management has notified the vacancy to the Commission in accordance with the provisions of the Act and the Commission has failed to recommend the name of any suitable candidate for being appointed as teacher specified in the Schedule within one year from the date of notification, or if the post of such teacher has actually remained vacant for more than two months. Thereafter by virtue of U. P. Act No. 24 of 1992, Section 18 was substituted by another provision which apart from prescribing certain other conditions in making appointment on ad hoc basis also laid down the criteria for determination of vacancies and provided for constitution of Selection Committee consisting of the officers of the Education Department who where given the exclusive power to make selection for making appointment and Management was bound to give effect to the said selection so made. However, by means of UP. Act o. 1 of 1993 Section 18 was completely omitted from the statute and again by means of Amendment Act, 1995 Section 18 was re-substituted but it did not again give power to the Committee of Management to make selection of its own. It was the Selection Committee prescribed under the aforesaid provision that was to make the selection in accordance with the procedure prescribed which selection was to be given effect to by the concerned institution. ( 47 ) SECTION 18 was again slightly changed or amended by means of U. P. Act No. 25 of 1998 but again it did not give any power to the Committee of Management to make appointment of its own. ( 47 ) SECTION 18 was again slightly changed or amended by means of U. P. Act No. 25 of 1998 but again it did not give any power to the Committee of Management to make appointment of its own. Thus it is evident that Committee of Management of the Institution though initially had the power to make appointment on ad hoc basis either by direct recruitment or by promotion under section 18 of the principal Act, but on the enforcement of the amending Act No. 24 of 1992 with effect from 14-7-1992 though the power to make ad hoc appointment was retained but the procedure for making such ad hoc appointment was retained but absolutely changed. The management was stripped off, of all its powers of making such appointments of its own, instead a detailed procedure was prescribed and a different Selection Committee other than the Selection committee as envisaged in the provisions of U. P. Intermediate Education Act or the Regulations and Rules framed there under, was constituted. The Committee of Management of the concerned institution was not represented in this Selection Committee. ( 48 ) IN view of the aforesaid amendment in Section 18 of the Act, the Committee ceased to have any power to make ad hoc appointment either by direct recruitment or by promotion. The amendment thereafter made by U. P. Act No. 1 of 1993 completely omitted Section 18 of the Act from the Statute by virtue of Section 13 of the said Amending Act which came into effect on august 17, 1992. Latter on by means of the Amendment Act, 1995, though the power to make ad hoc appointment was given therein but the Committee was not empowered to make any such appointment by following it own procedure or the procedure provided under the provisions of the U. P. Intermediate Education Act. This Section 18 gave a detailed procedure including constitution of Selection Committee for the purpose of making ad hoc appointment of teachers. Subsequent amendments in the Act also did not give any power to the Committee to make any appointment on short-term vacancies or on ad hoc basis. ( 49 ) THE power to make appointment of a teacher in an institution duly recognized under the Act can be exercised only by such authority or body which has been conferred with such power. ( 49 ) THE power to make appointment of a teacher in an institution duly recognized under the Act can be exercised only by such authority or body which has been conferred with such power. The committee of Management could not have made any appointment unless statutorily authorized to make such an appointment. In the UP. Act, of 1921 and the Regulations and Rules framed there under, a detailed procedure was prescribed for inviting applications from the eligible candidates against the vacancy of a teacher existing in an institution or which was likely to fall vacant, and thereafter the Selection Board Act, namely U. P. Act No. 5 of 1982 dominated the field. Unless the power flows either from the provisions of the U. P. Act of 1921 which power of course should not be in consistent to the provisions of U. P. Act No. 5 of 1982 as amended from time to time or from U. P. Act No. 5 of 1982 itself or the rules and Regulations framed there under, the Committee of Management shall not be a liberty to make any appointment of teachers.- ( 50 ) THERE cannot be any dispute that though in the principal Act the power for appointment of ad hoc teachers was given to the Committee of Management in accordance with Section 18 of the principal Act but later on by means of UP. Act No. 24 of 1992 the said power was taken away from the Committee of Management and since then the power has not been conferred upon the committee of Management despite the Act having been amended number of times. . .