BHUPENDRA SINGH Vs. REGIONAL JOINT DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Leave granted.

(2.) Saraswati Inter College is a school running in the district of Saharanpur (U.P.). It is recognised as a Junior High School and was receiving grant-in-aid from the State Government. It was granted recognition as a High School in July 1984 but was brought on the grant-in-aid list by government order dated 18.1.1999 with effect from 1.12.1998. It is not in dispute that subsequent to this date the provisions of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (for short "the Act") would apply. Prior to the application of the Act, the authority for grant-in-aid was the District Basic Education Officer.

(3.) This case relates to a period which starts before 1.12.1998 but ends on 12.2.1999 with the appointment of the appellant as an Assistant Teacher in the school. Therefore, before the school was brought on the grant-in-aid list, the school had written to the District Inspector of Schools (DIOS), who is the competent authority under the Act, for approval for advertising the vacancy of an Assistant Teacher. DIOS endorsed the application of the school to the Basic Shiksha Adhikari (BSA) on 7.11.1998 stating that the matter was to be decided at the level of BSA because the Junior High School was affiliated with BSA. BSA consequently followed the procedure prescribed, and when the appellant was selected on 20.1.1999 as an Assistant Teacher in the school, approved such appointment on 11.2.1999. The appointment letter was issued to the appellant on 12.2.1999.