ANOOP KUMAR DUBEY Vs. DIRECTOR OF EDUCATION MADHYAMIK

JUDGEMENT

(1.) Admittedly, Petitioner was sought to be appointed on ad-hoc basis on short-term vacancy under the provisions of U.P. Secondary Education Commission and Selection Board Act, 1982 read with relevant Second Removal of Difficulties Order, 1981.

(2.) The Manager of the institution informed by sending requisite papers including resolution of the Committee of Management of his College, Sarvajanik Inter College, Iradat Nagar, Agra (Annexures-3 and 6 to the Writ Petition) its decision to appoint the petitioner on ad-hoc basis. The concerned District Inspector of Schools refused to accord approval/financial sanction in favour of the Petitioner vide impugned order dated April 17, 1996 (Annexure-7 to the Writ Petition). The District Inspector of Schools refused to accord sanction on two grounds namely :

(3.) Respondents have sought to take an additional defence, which does not find place in the impugned order, namely, the advertisement not having been made in two newspapers of wide circulation in entire State. In Para 2 of the Counter- Affidavit it is mentioned that issuing advertisement in two newspapers-'Dainik Gaurav' and 'Dainik Sainik' was merely formality. The impugned order cannot be supported on a ground, which does not find mention in the impugned order. The allegations in the Counter-Affidavit to that effect are irrelevant and liable to be ignored.