DEVASHISH MUKHERJI Vs. STATE OF U P

JUDGEMENT

(1.) Devashish Mukherji and Ajai Kumar Banerji, the two petitioners, have come up before this Court through present writ petition under Article 226, Constitution of India being aggrieved by the impugned order dated 28.11.1998 passed by the District Inspector of Schools. Allahabad (Annexure-16 to the writ petition) whereby he refused to accord approval to their ad hoc appointment (apart from one more - namely, Shiv Kumar Pandey) on the ground that Section 18 of the U. P. Secondary Education Services Commission and Selection Board Act (U. P. Act No. 5 of 1982) being omitted vide Section 13 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards (Amendments) Act, 1992, (U. P. Act No. 1 of 1993): the management had no right to make ad hoc appointment and the power vested in a selection committee contemplated under amended Section 16 of the Principal Act, 1982 (as incorporated by virtue of Section 11 of U. P. Act No. 1 of 1993).

(2.) According to the District Inspector of Schools, appointment of the petitioners not having been made in accordance with the provisions of Principal Act as amended vide U. P. Act No. 1 of 1993, the appointment of the petitioners was bad and hence no question of considering their regularisation.

(3.) The impugned order passed by the District Inspector of Schools cannot be sustained inasmuch as the said authority failed to take notice of the following statutory provisions.