RAJENDRA MISRA Vs. DISTRICT INSPECTOR OF SCHOOLS AZAMGARH

JUDGEMENT

(1.) POST of L.T. grade teacher in S. V. Inter College, Lahua Kalan, Azamgaih for short the College, is the bone of contention in the above two writ petitions. While Rajendra Misra, petitioner no. 1 in writ petition No. 11229 of 1982, for short the petitioner of the 1st writ petition, claims this post by way of promotion from C. T. grade on ad hoc basis under Removal of Difficulties Order 1981 issued under Section 33 of the U. P. Act no. 5 of 1982, on that said post falling vacant either due to the promotion of a L.T. grade teacher of the College in the lecturer's grade or due to the creation of the post of Geography teacher in that grade, which is, however, disputed by the District Inspector of Schools, for short DIOS. However, for settlement of the present dispute it is not necessary to resolve the controversy as to on which post petitioner of 1st writ petition, Rajendra Misra, was appointed. On the other hand, Shyam Sunder Singh, petitioner in writ petition no. 2734 (A) of 1989, for short petitioner of Il-nd writ petition, claims this post under Rule 2 (chha) of Chapter II of the Regulations framed under U. P. Intermediate Education Act, 1921, for short the 1921 Act and Regulations coupled with the order dated 2-1-88 of the Regional Deputy Director of Education VIIth Region, Gorakhpur. for short the D.D.R., who is respondent no. 4 in the Had writ petition.

(2.) BY an order dated 14-2-1989 passed in the IInd writ petition both writ petitions were connected and are thus being decided together by a common judgment more so because the post, the parties and the questions involved in both the cases are common.

(3.) SRI Vinod Kumar Singh, learned counsel for the petitioner of the 1st writ petition has assailed the impugned order passed by the DIOS, Azamgarh in the 1st writ petition on the ground that the DIOS, Azamgarh had no power (jurisdiction) under the law to recall and cancel his earlier order dated 28-6- 1982 as that order had not been procured either by the Managing Committee of the College or by the said petitioner by giving wrong facts or by making misrepresentation or by playing fraud. It was also argued that the said order in any case was void ab-initio as before passing the said order the DIOS, Azamgarh had not afforded opportunity of hearing to the Ilnd petitioner of the 1st writ petition, namely, Om Prakash Singh, whose appointment in the CT grade was also approved by the order of the DIOS dated 28-6-1982 which too stood terminated as result of the passing of the impugned order.