STATE OF U.P. Vs. RAM BABU KATIYAR

JUDGEMENT

(1.) Heard Shri Rajnikant, learned Standing counsel and Shri A.K. Shukla, learned counsel for respondent no. 1.

(2.) This Special Appeal under Rule 5 of Chapter VIII of the High Court Rules has been preferred by the State of U.P. and the Deputy Inspector of Schools (in short DIOS) concern against the judgment and order dated 13.8.1999 of the learned Single Judge allowing writ petition no. 8576 of 1997 (Ram Babu Katiyar Vs. State of U.P., and others) directing for according approval to the appointment of respondent no. 1 as an adhoc teacher in the institution Ram Prasad Sarva Janki Inter college, Roora, Kanpur Dehat.

(3.) Ram Babu Katiyar respondent no. 1 in this appeal had filed the above writ petition for quashing of the order of DIOS dated 25.2.1997 refusing to grant approval to his adhoc appointment as a Lecturer, Commerce in the institution. The DIOS by the order impugned in the writ petition elaborately discussed the procedure followed by the Committee of Management in selecting the petitioner for his appointment as an adhoc Lecturer. It records that the substantive vacancy of the post of Lecturer, Commerce at the institution was meant to be filled up by promotion but as the only qualified teacher in the institution, Surendra Babu Mishra was not eligible for being promoted as he had not completed 5 years of continuous service, the post was left open to be filled up by direct recruitment. The complete procedure right from notifying the post to the Commission, advertising it in the newspaper and selection through a duly constituted Selection Committee was adopted. There was no discrepancy in the procedure adopted for selection and appointment of the petitioner but as there was a ban imposed on appointments w.e.f. 31st August 1991, it is not possible to accord approval. Therefore, the approval to the appointment was refused only for the reason that there was a ban on appointments w.e.f. 31st August 1991.