DEVENDRA SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) The petitioner, Devendra Singh has impugned the orders dated 02.11.2019, 15.11.2019 and 31.07.2020, all passed by the District Inspector of Schools, Basti, which, in effect, put an end to his services as an Assistant Teacher (Trained) in the attached Primary Section of Sri Desh Raj Narang Dayanand Inter College, Walterganj, Basti.

(2.) The impugned orders have come to be made in the background of facts and circumstances hereinafter detailed : Sri Desh Raj Narang Dayanand Inter College, Walterganj, Basti is a recognized and aided institution, teaching scholars from Class I to Class XII. The institution is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921 and the Regulations framed thereunder. The institution aforesaid (for short, ''the institution') is in receipt of a permanent grant-in-aid from the State Government. Salaries to its teachers and other employees are paid out of State fund under the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and others Employees) Act, 1971 (for short, ''Act of 1971'). There is no issue about the fact that the teachers working against sanctioned posts in the attached primary section of the institution also receive their salaries from the State Exchequer, under the Act of 1971.

(3.) There were five sanctioned posts of Assistant Teachers in the attached primary section of the institution. Shorn of unnecessary detail, all these posts fell vacant at the relevant point of time and were advertised by the Committee of Management of the institution, after necessary permission granted for the purpose by the District Inspector of Schools, Basti by his order dated 24.07.2014. There is hardly any cavil about the validating of the selection process through which the petitioner, and the four other selectees alongside him, came to be appointed to the five posts of assistant teachers in the primary section of the institution.