RAJ BAHADUR UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) By this writ petition the petitioner is challenging the order dated 30.10.2006 whereby his appointment against the short term vacancy of Assistant Teacher has been disapproved by the respondent no. 3, the District Inspector of Schools, Azamgarh.

(2.) The facts of the case, in brief, are that there is an institution by the name of Janta Inter College Ahiraula, Azamgarh (Institution). The institution is governed by the U. P. Intermediate Education Act, 1921 and the U. P. Secondary Education (Services Selection Boards) Act, 1982 and as also the U. P. High Schools & Intermediate Colleges (Payment and Salaries of Teachers and other Employee) Act, 1971. One Vidyadhar Upadhyay, Assistant Teacher in L. T. Grade in the institution is stated to have proceeded on leave on 24.12.1997 on account of ill health. Leave was sanctioned by the Committee of Management by order dated 27.12.1997 for three months. However, even after the expiry of the said period, Vidyadhar Upadhyay could not join his duty. Subsequently he retired as such on 30.6.1998 on attaining the age of superannuation. In the meantime to fill up vacancy arising out on account of the non joining of Sri Vidyadhar Upadhyay, the Committee of Management advertised the vacancy in two newspapers 'Aaj' and 'Dainik Jagran' both dated 29.12.1997. Applications were invited and the petitioner was also one of the applicants for the said post. According to the petitioner, he is M. A. (Sanskrit) and M. A. (Politics) as well as he has done his B. A. in Education and he is, therefore, fully eligible for the appointment as Assistant Teacher in L. T. Grade against the post so advertised. The Committee of Management considered the candidature of the various candidates. Thereafter, by its resolution dated 19.1.1998 finding the petitioner to be the best candidate, granted ad hoc appointment to the petitioner. The petitioner also joined the post as Assistant Teacher in L. T. grade on 20.1.1998. Thereafter, papers relating to the selection were forwarded by the Committee of Management by its letter dated 20.1.1998 to the District Inspector of Schools, Azamgarh.

(3.) When no decision was communicated by the District Inspector of Schools the petitioner filed a writ petition no. 14097 of 1998 in which notices were issued and subsequently the writ petition was disposed of by this Court on 18.5.1999 with a direction to the District Inspector of Schools to decide the question of grant of financial approval.