RAJENDRA PRASAD GUPTA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri H.K. Singh, learned counsel for the petitioner and Sri Virendra Kumar Yadav, learned Standing Counsel for the respondents.

(2.) By means of the present writ petition the petitioner is challenging the order dated 12.5.2000 passed by the District Inspector of Schools, Ballia refusing to grant approval to the appointment of the petitioner as an Assistant Lecturer in the College of Bansi Bazar Inter College, Nava Nagar, District Ballia.

(3.) The Bansi Bazar Inter College, Nava Nagar, District Ballia (hereinafter referred to as "College") is a recognized institution and is in grant in aid and the provision of Uttar Pradesh Intermediate College (Payment of Salary of Teachers and other Employees) Act, 1971 is applicable. The institution is being managed by the Committee of Management. On 4.7.1993, the Committee of Management passed a resolution promoting the then Assistant Teacher Sri Jai Ram Singh on ad hoc basis on the post of Lecturer (Hindi) in the College. Sri Jai Ram Singh joined the post of Lecturer (Hindi) on 5.7.1993. On account of promotion of Sri Jai Ram Singh, a short term vacancy has arisen and to fill up the said vacancy on 30.7.1993 a requisition was sent to the then District Inspector of Schools, Ballia. Consequently, the Committee of Management made an advertisement in a daily newspaper, namely, "Sanmarg", on 18.12.1993 inviting applications and also notified the vacancy on the Notice Board of the College on 16.12.1993. In pursuance of the notification placed on the Notice Board and the advertisement in the newspaper "Sanmarg", on 18.12.1993, the petitioner applied for the post along with other several candidates. A Selection Committee was constituted on 23.1.1994. The petitioner appeared in the interview. The interview was held and the petitioner was selected by the Selection Committee and a recommendation was made for the appointment as an Assistant Teacher L.T. Grade. After receiving the recommendation, the Manager of the Committee of Management has sent all the relevant papers to the District Inspector of Schools for approval under the provisions of Removal of Difficulties (Second) Order, 1981. When 7 days have expired and no communication has been received from the District Inspector of Schools, in terms of the provisions of Removal of Difficulties (Second) Order, 1981, the approval was deemed to have been granted and accordingly, the Committee of Management resolved on 6.2.1994 to appoint the petitioner on the said post. In pursuance of the resolution dated 6.2.1994, the appointment letter dated 7.2.1994 has been issued. Pursuant to the appointment letter, the petitioner joined as an Assistant Teacher on 21.2.1994. It is the contention of the petitioner that since then he is continuously discharging the duty. The Committee of Management by the letter dated 7.2.1994 has also sent necessary papers for financial approval. It appears that when the financial approval has not been accorded by the District Inspector of Schools despite several representations being made, the petitioner filed Writ Petition No. 18847 of 1995 for payment of salary, which has been disposed of vide order dated 14.7.1995 directing the District Inspector of Schools to decide the representation within the specified period. In pursuance thereof, the impugned order has been passed declining to grant financial approval and the payment of salary. The District Inspector of Schools has refused to grant approval for payment of salary on the ground that as per the Full Bench decision of this Court in the case of Radha Raizada and others Vs. Committee of Management, Vidyawati Darbari Girl s Inter College and others, 1994 3 UPLBEC 1551, the advertisement should have been made in two newspapers while in the present case advertisement has been made only in one newspaper, namely, "Sanmarg", therefore, the appointment of the petitioner could not be approved.