RAVINDRA NATH YADAV Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) This application has been filed by Ravindra Nath Yadav, applicant-petitioner with the prayer to dismiss the petition as infructuous in view of the fact that his services as Assistant Teacher, L.T. Grade have been regularised by the concerned Joint Director of Education, VII Region, Gorakhpur vide order dated 9th February, 2001.

(2.) Affidavit has been filed in support of the said application by Petitioner Ravindra Nath Yadav himself. Photocopy of regularisation order dated 9th February, 2001 has been annexed at Annexure-1 to the said affidavit. A perusal of the said order dated 9th February, 2001 shows that Petitioner was found eligible and suitable for being regularised under Section 33-B(.l) of U.P. Secondary Education Services Selection Boards Act (as amended upto date) contemplating regularisation of ad hoc appointees on the basis of the record received from the office of the District Inspector of Schools along with his letter dated 20th June, 1998.

(3.) Petitioner was, admittedly, appointed against short term leave vacancy of one Akhilesh Tiwari, who, according to the Petitioner, as per averments contained in Para 7 of the affidavit, referred to above, filed in support of this application left the Institution on being appointed by the Commission and the post had fallen substantively vacant. Date of the post of having substantively fallen vacant has not been mentioned. There is no mention that any of the Respondents, i.e. District Inspector of Schools, Deoria or the Committee of Management of the Institution ever intimated the vacancy to the Secondary Education Services Commission for making regular selection and appointment.