COMMITTEE OF MANAGEMENT Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Siddharth Khare, appearing for the appellants and Dr. Y. K. Srivastava, learned Standing Counsel for the respondents.

(2.) There is an institution known as Kaushambi Uchchatar Madhyamik Vidyalaya, Kaushambi. It initially started as a Junior High School in 1972 and was recognized by Basic Shiksha Adhikari in 1977. It was upgraded as a Higher Secondary School and was duly recognized but continued as unaided institution. In 1980 four substantive vacancies were caused in C. T. grade on account of resignation of two teachers and promotion of two teachers in L. T. grade. The vacancies were duly intimated to the District Inspector of Schools who vide his letter dated 30.01.1981 granted permission for filling-up the vacancy. Accordingly, an advertisement was published by the committee of management in daily newspaper ''Northern India Patrika' and ''Amrit Prabhat' dated 08.02.1981. In accordance with the procedure prescribed by Section 16-E of the U. P. Intermediate Education Act, 1921 (for short the ''1921 Act') and the regulations framed thereunder, as it was then applicable, applications were received by the District Inspector of Schools, who got them scrutinized and awarded quality point marks to the applicants. The entire record pertaining to the application of the candidates and the quality point marks awarded to them was forwarded by the District Inspector of Schools to the committee of management on 30.03.1981 for holding an interview of the candidates as prescribed by Section 16-E (5) (ii). The interview was scheduled for 19.04.1981 and all the candidates were informed through registered letter to present themselves on the said date. In the meantime, the State Government issued a radiogram dated 07.04.1981 directing to stop all fresh selections and appointments of Principals, Head Masters and teachers including any recruitment by promotion in all non-Government aided institutions except the minority institutions pending further orders. Subsequently vide notification dated 16.05.1981, the ban was extended to recognized, non aided institutions as well. In pursuance of the direction of the State Government ongoing selection process in the institution in question was suspended and interview scheduled for 19.04.1981 was not held as the experts nominated by the District Inspector of Schools did not turn up.

(3.) All fresh selection and appointment in secondary schools was stopped for the reason that the State Government was contemplating to bring about a radical change in the mode, method and power of appointment of teaching staff in secondary schools. Accordingly, the State Government promulgated the U. P. Secondary Education Services Commission and Selection Board Ordinance 1981 (U. P. Ordinance no. 8 of 1981) which was subsequently replaced by U. P. Secondary Education (Services Selection Boards) Act, 1982 (U. P. Act No. 5 of 1982 which came into force on 14th July, 1981). The Act envisaged setting up of a Commission for selection and recommendation of appointment of teachers including the head of the institution. Experiencing difficulties in the implementation of the procedure prescribed by the Act, various Removal of Difficulties Order by the name of U. P. Secondary Education Services Commission (Removal of Difficulties) Order were issued to over-come the same. First Removal of Difficulties Order 1981 was enforced on 31.07.1981. Clause 5 of the said Order provided the procedure for making adhoc appointment by direct recruitment. The 1982 Act and Regulations framed thereunder were made applicable to all the institutions recognized under the Intermediate Education Act whether aided or unaided.