GAMBHIR SINGH Vs. D.I.O.S

JUDGEMENT

(1.) The petitioners have preferred this writ petition for the issuance of a writ of Certiorari to quash the order dated 21.9.1995 passed by the District Inspector of Schools, Agra, whereby, the approval of the petitioners' appointment as assistant teachers in L.T. Grade has been cancelled.

(2.) Brief facts pertinent to the issue involved in the present writ petition are that Gandhi Smarak Kisan Inter college, Kirawali, Agra ( for short the institution) is a recognized institution under the provisions of the Intermediate Education Act 1921. It is established by a Society and administered by the respondent no.2, the Committee of Management. The institution receives financial aid out of State fund. The provisions of U.P. High School and Intermediate College (payment of salaries of the teachers and other employees) Act, 1971 and U.P. Secondary Education Service Selection Board Act, 1982 govern the affairs of the institution with respect to the salary and the recruitment of the Principal and the teachers.

(3.) It is stated that one Siyaram Singh, who was working as a permanent assistant teacher in C.T.Grade in the institution, was promoted on ad hoc basis in the next higher grade i.e. L.T. Grade with effect from 1.7.1994 by the Committee of Management. On account of the said ad hoc promotion, a short term vacancy occurred in C.T. Grade. The Committee of Management initiated process of recruitment in terms of the provisions of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order 1981.