SURESH CHANDRA Vs. DISTRICT INSPECTOR OF SCHOOLS SAHARANPUR

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order of the District Inspector of Schools dated 11-2-1991 by which he has refused to accord approval to the petitioner's ad-hoc appointment.

(2.) THE brief facts of the case are that a permanent vacancy in L. T. Grade for Physical Instructor was created on account of the retirement of one Sri Kadam Singh Tyagi at the Institution S. D. Inter College, Saharanpur. Inspite of the necessary information to the authorities when no appointment was made, proceedings for adhoc appointment as required under section 18 of the U. P. Secondary Education Service Commission and Selection Board Act (herein referred to as the Act) were initiated by the Institution. After necessary advertisement and Selection, the Committee of Management selected the petitioner as the most meritorious candidate out of 14 applicants. THE necessary approval was sought by the Institution from the District Inspector of Schools with regard to the petitioner's adhoc appointment, but the District Inspector of Schools, after making necessary enquiries, refused to accord approval by the impugned order on the ground that the marks obtained by the respondent no. 4 Jasbir Singh were greater than the marks of the petitioner and as Such the approval was refused. According to the District Inspector of Schools, the quality point marks of Sri Jasbir Singh, respondent no. 4, are 24 marks and 7 marks in interview whereas the quality point marks of Suresh Chandra petitioner are 21 marks and 7 marks in interview.

(3.) THE criteria and procedure, for appointment of adhoc teachers has been laid down in various Removal of Difficulties Orders issued from time to time under this Act. In para 2 of the U. P. Secondary Education Service Commission (Removal of Difficulties) Order, it has been provided that management of an institution may appoint by promotion or by direct recruitment a teacher on purely adhoc basis in accordance with the provisions of this Order in the following cases :