ANITA TOMAR Vs. REGIONAL ASSISTANT DIRECTOR

JUDGEMENT

(1.) Petitioner is an assistant teacher in a Junior High School. She preferred this writ petition seeking a writ or certiorari to quash the order dated 24.1.2003 passed by Regional Assistant Director of Education (Basic) 1st, Region, Meerut and consequential order dated 17.2.2003 passed by the District Basic Education Officer, Bulandshahar and the order dated 22.2.2003 issued by the Management of the institution. Briefly stated, the facts of the case are that Adarsh Sheo Kanya High Schools, Shyana, district Bulandshahar is a recognised institution. The education is imparted up to the VIII standard. It is stated that it is administered by the Committee of Management and receives aid out of State fund. The provisions of The Uttar Pradesh Basic Education Act, 1972 and U.P. Recognised Junior High Schools (Payment of salaries of Teachers and other Employees) Act, 1978 are applicable to the institution.

(2.) It is stated that in the said institution a vacancy of an assistant teacher arose on account of retirement of a regular teacher Smt. Radha Rastogi, as assistant teacher on 30.6.2002. The Committee of Management sought a permission from the Basic Education Officer to allow the management to make a selection against the said vacancy. It is stated that the respondent No. 2 by order dated 4.7.2002 permitted the management to fill up the said vacancy. A copy of the order dated 4.7.2002 has been brought on record by the petitioner as Annexure-2 to the writ petition.

(3.) Pursuant thereto, the Committee of Management had issued an advertisement in the Newspaper namely 'Deeksha' on 29.9.2002. The petitioner made an application against the said vacancy and duly constituted committee considered the candidature of the petitioner.