YOGESH KUMAR Vs. STATE

JUDGEMENT

(1.) The question that arises in this petition is whether deletion of U.P. Secondary Education Services Commission (Removal of Difficulties) Orders, 1981 by insertion of Section 33-E in U.P. Secondary Education Services Selection Board Act. 1982 (in brief Act) amounts to placing unreasonable restriction on the right of committee of management to fill the substantive or short-term vacancy, and if so, whether it is against the public interest and is violative of Article 19(1) (g) of the Constitution ?

(2.) Sanatan Dharam Inter College, Orai, District Maun is an aided and recognised institution. A substantive vacancy of Lecturer fell vacant on 30.6.1999. It was filled by promotion of Sri Kaushlendra Kumar Sharnia with effect from 31.8.1999. On the same day, the committee of management sent a requisition in the meantime to the Board to fill the substantive vacancy of assistant teacher L.T. grade that fell vacant due to promotion of Sri Kaushlendra Kumar Sharnia. The promotion was approved on 5.1.2000 The Board did not recommend any candidate for appointment. After expiry of two months the management advertised the vacancy on 12.1.2000 in newspapers 'Karmyug Prakash' and 'Dainik Deewan' published from Orai, District Maun. The petitioner was selected on 23.1.2000. He was appointed ad-hoc assistant teacher L.T. grade on 24.1.2000. He joined on 28.1.2000. The management on 29.1.2000 forwarded the papers to the District Inspector of Schools for grant of financial approval. The District Inspector of Schools did not grant approval. The petitioner filed Civil Misc. Writ Petition No. 19596 of 2000 which was disposed of on 4.5.2000 and the District Inspector of Schools was directed to consider the matter of grant of approval. By order dated 31.10.2000 the District Inspector of Schools has held that ad-hoc appointment on substantive vacancy could not be made by the management, as the U.P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981 have been rescinded. And ad-hoc appointment could be made by the Joint Director of Education under the Act. It is this order passed by the District Inspector of Schools on 31.10.2000, which has been challenged by the petitioner in this petition.

(3.) Sri J. N. Tiwari the learned Senior Counsel assisted by Sri C.B. Gupta urged that The order of District Inspector of Schools was illegal and liable to be quashed He further urged that the deletion of U.P. Secondary Education Services Commission (Removal of Difficulties) Order, 1981 amounts to placing unreasonable restriction on the right of committee of management to fill the substantive or short-term vacancy. The learned Counsel submitted that it was against public interest and is violative of Article 19(1) (g) of the Constitution.