COMTT OF MANAGEMENT DAULAT HUSAIN MUSLIM INDIAN INTER COLLEGE ALLD Vs. JOINT DIRECTOR OF EDUCATION JVJTEGION ALLD

JUDGEMENT

(1.) M. Quddusi, J. Heard the learned Counsel for the petitioner institution, Sri S. M. A Kazmi and the learned standing Counsel at quite length.

(2.) BY means of this petition the petitioner namely Committee of Manage- , ment, Daulat Husain Muslim Indian Intei College, Allahabad and its Manager have prayed for a writ in the nature ofcertiorari quashing the impugned orders dated 16-9-98, 7-10-98 and 28-12-98 passed by the District Inspector of Schools and Joint Director of Education respectively be is sued to the respondents.

(3.) ANOTHER post of Assistant Teacher in the LT Grade in Arts subject also fell vacant on account of retirement of Sri Shiv Lai Singh. Other 3 LT grade teachers were retired and one LT grade teacher had resigned and hence 4 posts in LT grade fell vacant. All these 4 LT grade teacher had resigned and hence 4 posts in LT grade fell vacant. All these 4 persons were getting their salary through the said fund under the Payment of Salaries Act. Out of four vacancies the Committee of Management took up three vacancies and made ap pointment of three persons in LT grade and sent the same for approval of the Dis trict Inspector of Schools. The District Inspector of Schools withheld the ap proval and the persons, who were ap pointed had got employment elsewhere in the meantime and as such they did not join. Thereafter the Management of the Institution got vacancies published again as the students were suffering due to shortage of teachers. Thereafter the selec tion was held and the Selection Commit tee recommended the name of Mohd. Ashfaque Khan, Mohd. Iqbal Khan and Faneendra Kumar Rai for the post of Hindi and the name of Mohd. Ali Ausac, Khushbunnisa and Hari Prasad Sharma for the post of English and the name of Tasnim Ahmad Khan, Sarwar Khan and Naveduddin Siddiqui Tor the post of Geog raphy and Mohd. Shahnawaz Khan, Qadir Khan and Pappu Kumar Gupta were recommended for the post of Arts subject.