RAM KISHORE NIRANJAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.M. Saggi, learned counsel for the petitioner and learned standing counsel for the respondents. There was an institution, named as Uchchtar Madhyamik Vidyalaya, Akori (Ait) District Jalaun, which was aided and recognized under the U.P. Intermediate Education Act, 1921. The provision of U.P. Intermediate College (Payment of Salary of Teachers and other Employees) Act, 1971 was applicable. There was ten sanctioned posts consisting of one post for Principal, four posts for L.T. Grade Teachers and five posts of C.T., Grade Teachers. Sri Jugal Kishore Verma was the Principal of the College. The service of Jugal Kishore Verma has been terminated and Sri Bhagwan Singh who was the senior most teacher, became the officiating Principal. According to the impugned order of the District Inspector of Schools. Jalaun, a resolution for the appointment/promotion of Sri Bhagwan Singh on the post of Principal was passed as Resolution No. 5 on 13.5.1992 and approval of such resolution was given by the District Inspector of Schools, Jalaun vide No. 2407-8/92-93 dated 6.8.1992.

(2.) The case of the petitioner is that by the resolution, the petitioner has been appointed as L.T. Grade Teacher by the appointment letter dated 17.4.1992. He joined on 18.4.1992 and the papers have been sent for approval to the District Inspector of Schools, Jalaun. The District Inspector of Schools, Jalaun has disapproved the appointment of the petitioner on 12.5.1992 on the ground that no post was vacant. The petitioner challenged the said order in Writ Petition No. 22814 of 1992 which has been allowed vide order dated 7.11.1994 and the District Inspector of Schools has been directed to pass a fresh order. While allowing the writ petition, the Court has observed that the District Inspector of Schools has not recorded any specific finding that the post on which Sri Bhagwan Singh was working was not a post created by the Director of Education and further he has not recorded any finding that in what manner the appointment of the petitioner is illegal and what procedure was not followed. In pursuance of the order of this Court, the present impugned order has been passed rejecting the claim of appointment of the petitioner. In the impugned order, the District Inspector of Schools has held that when the Resolution No. 2 dated 17.4.1992 was passed by the Committee of Management and has been sent to the District Inspector of Schools, no post of L.T. Grade Teacher was vacant and, therefore, there was no question of the appointment of the petitioner and his appointment was wholly illegal. It has been observed that on termination of service of Sri Jugal Kishore Verma, the Committee of Management has passed resolution No. 5 dated 13.5.1992 for the promotion/appointment on the post of Principal which has been approved by the District Inspector of Schools, Jalaun on 6.8.1992.

(3.) Learned counsel for the petitioner submitted that when Sri Jugal Kishore Verma was suspended. Sri Bhagwan Singh, being a senior teacher, was given the charge of officiating Principal and, therefore, short term vacancy of L.T. Grade teacher arose and against the said vacancy he has been appointed. Therefore, his appointment was valid and in accordance to law. Sri Bhagwan Singh was made officiating Principal and this fact has been accepted by the District Inspector of Schools in his counter-affidavit of paragraph-3, filed in Writ Petition No. 22814 of 1992, which is Annexure-8 to the writ petition. He further submitted that in any view of the matter when by the resolution No. 5 dated 13.5.1992 by which Sri Bhagwan Singh was promoted on the post of Principal and the same has been approved on 6.8.1992, the substantive vacancy arose and, therefore, the petitioner was entitled to be appointed against the said vacancy.