BRAHAM DEO Vs. DISTRICT INSPECTOR OF SCHOOLS JAUNPUR

JUDGEMENT

(1.) HEARD learned counsel for petitioners.

(2.) THE petitioner is claiming his appointment on the post of Assistant Teacher in L.T. Grade in an institution run under the name of Shri Swami Krishnanand Inter College, Bilwar, Distt. Jaunpur. THE vacancy for the post has occurred on account of death of one Shri Keshav Prasad Tiwari on 24-1-92. It has been stated that the advertisement with regard to the selection and appointment was made in the notice board, and after that the selection committee proceeded and selected the petitioner for appointment and the appointment, order was issued on 17-4-92 in pursuance of which, the petitioner joined the institution on 20-4-92. It has been stated that all the papers, pertaining to the appointment of the petitioner were forwarded to the office of the District Inspector of Schools. However, no orders have been passed with regard to the appointment of the petitioner. Hence, this petition.

(3.) THE learned counsel for the petitioner has submitted that the appointment of petitioner could be made and be justified under section 18 of the U. P. Act No. 5 of .1982, which does not provide any procedure. In absence of any procedure, the advertisement of the vacancy on the notice Board was sufficient and there is no violation of any procedure in appointing petitioner. In my opinion, the submission is not correct. Section 32 of U. P. Act no. 5 of 1992 provides that the provisions of the U. P. Act 2 of 1921 and the regulations made thereunder in so for as they are not inconsistent with provisions of this Act or the Rules and Regulations made thereunder shall continue to be in force for the purpose of selection, appointment, promotions, dismissal, removal, termination or reduction in rank of a teacher. Since there is no procedure prescribed in Section 18 for selection and appointment on ad-hoc basis, on a substantive vacancy, the provisions contained in Rules and Regulations of U. P. Act No. 2 of 1921 could be applicable. Regulation 10 of Chapter II of Regulations framed under U. P. Act of 1921 provides that the post shall be advertised by the Manager of the Institution in atleast one Hindi and one English newspapers having adequate circulation in the State, giving particulars as to the nature, number of vacancy, description of post, etc. THE post should also be published in the Employment News or Rozgar Samachar. Regulation 10 prescribes procedure for direct recruitment on substantive vacancies and this procedure shall apply to appointments contemplated under section 18 of the Act no. 5 of 1982, as provided under Section 32.