SHESH MANI SHUKLA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) The controversy to be determined in the present petition is whether the Committee of Management of an Intermediate College can ignore the recommendation of the District Inspector of Schools for making an ad hoc appointment in the CT grade under the provisions of the Uttar Pradesh Secondary Services Commission (Removal of Difficulties) Order, 1981 (hereinafter referred to as the First Removal of Difficulties Order, 1981) by direct recruitment on a resultant substantive vacancy and proceed to make an appointment of a person of its own choice completely defying the provisions of the aforesaid Order.

(2.) Briefly stated, the facts are that on 15.10.1985 a substantive vacancy arose in the CT grade in Satya Prakash Vivekanand Inter College, Musahari, district Deoria (hereinafter referred to as the College) since Sri Bansh Gopal Mishra left the Institution. The Committee of Management intimated the vacancy to the District Inspector of Schools but when the District Inspector of Schools did not send the name of any reserve pool teacher, the Committee of Management advertised the post in July, 1987 and invited applications from the local Employment Exchange. On receipt of the said list, the Committee of Management intimated the candidates to apply for the post but only three candidates applied. They were interviewed by the Selection Committee, which made recommendation in favour of the petitioner. A letter of appointment was consequently issued to the petitioner by the Committee of Management on 10.9.1987 and the petitioner joined his duties w.e.f. 11.9.1987. The Committee of Management intimated the District Inspector of Schools about the appointment of the petitioner and requested him to grant financial approval but the District Inspector of Schools by an order dated 20.4.1988 specifically disapproved the appointment of the petitioner since it had not been made in accordance with law. By the said order the District Inspector of Schools also reminded the Committee of Management of the earlier two letters dated 30.8.1987 and 10.12.1987 sent by him to the Committee of Management for issuing an appointment letter in favour of Sri Ali Hussain Ansari, respondent No.3 in this petition. The Committee of Management was also directed to take immediate steps for appointment of the said Sri Ali Hussain Ansari failing which action would be taken against it. It is this order dated 20.4.1988 which has been challenged by the petitioner in the present petition and a further direction has been sought to treat the petitioner in continuous service and make payment of salary w.e.f. 11.9.1987.

(3.) A counter-affidavit has been filed by the District Inspector of Schools. It has been stated that a letter dated 5.5.1987 was sent by the Committee of Management to the District Inspector of Schools for filling up the vacancy.