RAM KUMAR Vs. DISTRICT INSPECTOR OF SCHOOLS GHAZIABAD

JUDGEMENT

(1.) D. P. Singh, J. Pleadings have been exchanged between the parties and they agree that the petition may be disposed off finally under the rules of the Court. Heard counsel for the parties.

(2.) THIS writ petition is directed against an order dated 22. 9. 1993 by which the District Inspector of Schools has refused to grant approval to the appointment of the petitioner as ad hoc Lecturer in English. Further a writ of mandamus has been sought for a direction to the respondents not to interfere in the functioning of the petitioner as lecturer in English.

(3.) A counter affidavit has been filed on behalf of the District Inspector of Schools and so also on behalf of Dev Raj Sharma. The stand taken in the counter affidavit of District Inspector of Schools is that there were ten sanctioned posts in the institution of which two posts were declared surplus, therefore, only eight sanctioned posts of lecturer were in the institution. Since two lecturers were being granted salary under the order of this Court, there was no sanctioned post on which the petitioner could have been appointed. It has further been stated in the counter affidavit that the management did not have power to make any appointment on ad hoc basis in view of the aforesaid fact and that is why requisition was not sent to the Commission. In the counter affidavit filed on behalf of Sri Dev Raj Sharma, it has been stated that the management did not have any power to make an ad hoc appointment directly as the vacancy was not published in daily newspapers and in fact he was qualified to be promoted on the said post as the post was for promotional quota.