LAWS(ALL)-2004-7-68

RAM SWARUP BAJPAYEE Vs. JOINT DIRECTOR OF EDUCATION

Decided On July 30, 2004
RAM SWARUP BAJPAYEE Appellant
V/S
JOINT DIRECTOR OF EDUCATION Respondents

JUDGEMENT

(1.) The petitioner has prayed for the quashing of the order dated 26.6.1999 passed by the District Inspector of Schools, Etawah, whereby his appointment on the post of Lecturer in Geography has not been approved. It transpires that a vacancy on the post of Lecturer in Geography became vacant upon the retirement of Sri Rajendra Kumar Srivastava in Sri Radha Ballabh Inter College, Phaphund, Etawah. This vacancy was required to be filled up by direct recruitment and, for this purpose, the post was notified to the Commission through the District Inspector of Schools, Etawah. Inspite of the vacancy being notified, the Commission did not make any appointment within a period of two months. Accordingly, the petitioner was appointed on an adhoc basis under Section 18 of the U.P. Secondary Education Services Commission and Selection Boards Act, 1982 and an appointment letter was given on 9.8.1991. Prior to the issuance of the appointment letter, the Committee of Management had forwarded all the relevant papers, namely, the resolution, advertisement, the details of the selection process etc. to the District Inspector of Schools and inspite of receiving these papers, no action was taken by the District Inspector of Schools. Accordingly, the appointment letter was issued on the basis of which the petitioner joined on 10.9.1991. Thereafter, the Committee of Management forwarded the petitioner's papers for payment of salary but the same was not processed by the District Inspector of Schools. Instead, the District Inspector of Schools appointed one Sri Narayan as an adhoc Lecturer. The petitioner filed a Writ Petition No. 11710 of 1993 before this Court, challenging the aforesaid order of the District Inspector of Schools. By an interim order the said appointment order was stayed and subsequently, by judgment dated 23.3.1999, the said writ petition was disposed of with a direction to the District Inspector of Schools, Etawah to consider the validity of the petitioner's appointment on the post of Lecturer in Geography and consider the grant of financial approval. Pursuant to the aforesaid direction the District Inspector of Schools, Etawah passed the impugned order dated 26.6.1999 refusing the grant financial approval.

(2.) The District Inspector of Schools has rejected the petitioner's claim on two grounds, namely, (1) The State Government had imposed a ban on fresh appointment by Government Order dated 30.7.1991 and, therefore, no appointment could have been made by the Committee of Management on 9.8.1991, (2) the appointment of the petitioner was made under Section 18 of the U.P. Secondary Education Services Commission and Selection Boards Act, 1982, which was repealed in 1991 and, therefore, no appointment could have been made under Section 18 of the Act.

(3.) Heard Sri Yogesh Kumar Saxena, the learned Counsel for the petitioner and the learned Standing Counsel appearing on behalf of respondent Nos. 1 and 2. In my view, the writ petition is liable to be allowed.