INDU GAUTAM Vs. DISTRICT INSPECTOR OF SCHOOLS ALIGARH

JUDGEMENT

(1.) Heard Sri B.B. Paul, Senior Advocate assisted by Sri A.P. Paul, learned counsel for the petitioner, learned Standing Counsel and Sri Saurabh Basu for the respondent. Shri Teeka Ram Girls Inter College, Aligarh (hereinafter referred to as "College") is admittedly an Intermediate college governed by U.P. Intermediate Education Act, 1921 (hereinafter referred to as "1921 Act") and in the matter of payment of salary it is governed by Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as "1971 Act"). For the purpose of recruitment it is regulated by Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as "1982 Act").

(2.) It is said that due to death of one teacher on 25.1.1988 a vacancy arose in which the petitioner was appointed by Committee of Management by advertising the vacancy and making selection. The petitioner was appointed by letter dated 27.12.1989 pursuant whereto she joined on 1.1.1990 and since then she is continuously working. It is stated that since thereafter since no person from Commission is selected and recommended, the petitioner has continued and is entitled to be considered for regularization.

(3.) Once it is admitted that vacancy in question, on which petitioner claim appointment due to death of incumbent holding the post, was a substantive vacancy, undisputedly it could have been filled by following the procedure prescribed in para 5 of Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981 (hereinafter referred to as "First Order"). The provision as it was on the statute book in 1989 when the petitioner claims to have been appointed, ought to have been followed. It reads as under: