RAJESH KAUSHAL Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) IN Dharam Samaj Inter College, Aligarh (hereinafter referred to as the College), three Lecturers of English namely, Sri Raovear Singh, Sri S.D. Gupta and Sri M.P. Agarwal, retired with effect from 30th June, 1991. The Committee of Management of the College notified the vacancy to the U.P. Higher Secondary Education Commission through the District Inspector of Schools. As the posts were lying vacant the Committee of Management took steps for making ad hoc appointments. The posts were advertised and the Committee of Management selected the candidates. The petitioner was selected the candidates. The petitioner was selected and a letter of appointment was issued on 6th July, 1991 and joined the college on 9th July, 1991. Papers were sent to the District Inspector of Schools for financial sanction. The District Inspector of Schools did not pass any order. The petitioner has filed the present writ petition for a mandamus commanding the respondents to pay salary to the petitioner from the date of his joining the service. Notice was issued to the respondents. A counter -affidavit has been filed on behalf of the respondents. In the counter -affidavit two objections have been taken. Firstly, that the vacancy which was notified to the Commission did not give full particulars; and secondly, the State Government had put a ban on appointments by Government Orders dated 22 -9 -1989 and 3 -7 -1991. The ban has already been held illegal in writ petition No. 32247 of 1991; Kumari Prabhawati Dixit v. U.P. Madhyamik Shiksha Sewa Ayog and another and the said ban has been lifted by subsequent Government Order.

(2.) SO far as the second argument is concerned, nothing has been shown as to that particulars were lacking in the information which was given to the Commission through the District Inspector of Schools. The fact about the vacancy in the college could not continue for a long time and the Committee of Management had to make ad hoc appointments on the vacant posts so that the students may not suffer. It is always open to the Commission to recommend name of a suitable candidate and on such a name being recommended the Committee of Management will take to make appointment of such a candidate as recommended by the Commission. Till such a recommendation is made the petitioner is entitled to continue on the post and get his salary in accordance with law.