NIRJA SHARMA HIMALAYA PARASAR Vs. DIRECTOR OF EDUCATIONMADHYAMIK

JUDGEMENT

(1.) Heard Sri Anil Bhushan, learned Counsel for the petitioner and learned Standing Counsel for the State respondents.

(2.) In this petition prayer has been made to quash the order dated 18.11.1999 (Annexure-8 to the writ petition) whereby the petitioner's representation was considered in view of the direction of this Court dated 05.01.1999 passed in Civil Misc. Writ Petition No. 40345 of 1998 (Smt. Neerja Sharma v. Deputy Director, of Education (Madhyamik), Agra and Ors.), and the order dated 19.08.1997, whereby the Deputy Director of Education refused to give financial approval to the petitioner's appointment. Further prayer has been made for issuance of writ of mandamus directing the respondents to treat the petitioner as an Ad-hoc Assistant Teacher in L.T. Grade and for payment of her salary month to month w.e.f. 2nd August, 1997.

(3.) It appears that Shri Kedar Nath Seksaria Arya Kanya Inter College, Belan Ganj, Agra (hereinafter in short called as the 'College') is a non-government aided institution, where the provisions of U.P. Intermediate Education Act, 1921 and U.P. High Schools and Intermediate Colleges (Payment of Salary to Teachers and others Employees) Act, 1971 are applicable and consequent upon the retirement of one Smt. Indrawati Gupta, lecturer in Hindi, on 30th June, 1994 one Smt. Sheela Verma, the senior most L.T. Grade teacher, was promoted on 24.01.1995 on ad-hoc basis and the approval of the same was accorded by the Regional Deputy Director of Education. The Committee of Management of the said college decided to fill up the post of Assistant Teacher in short term vacancy, which arose on account of ad-hoc promotion of Smt. Sheela Verma, and for this purpose advertisement was issued on 09.07.1996 and 11.07.1996 in two newspapers, namely 'Desh Ratna' and 'Dainik Sainik'. The selection committee convened for the purpose considered the case of the candidates and selected the petitioner on 03.08.1996 on the basis of quality point marks and the appointment order dated 08.08.1996 was issued by the committee of management to the petitioner and the petitioner was allowed to join the said post in the college. However, for the reasons unexplained, the papers in respect of approval of the appointment and financial concurrence was sent on 26.07.1997 to the Regional Deputy Director of Education, but no communication was given by the said officer, therefore, according to the petitioner, the appointment and financial approval shall be deemed to have been accorded from 2nd August, 1997. However, the Regional Deputy Director of Education by its order dated 19.08.1997 refused to give approval to the petitioner's appointment, thereupon against the above order petitioner preferred a Writ Petition No. 40345 of 1998, which was dismissed on 5th January, 1999 by this Court on the ground of alternative remedy to approach the Deputy Director of Education for getting a decision on the representation. In the light of the order of this Court dated 05.01.1999 the above Deputy Director of Education by its order dated 18.11.1999, the impugned order in the present writ petition, rejected the representation of the petitioner mainly on the four grounds: (a) At the relevant time there was a ban in making appointment by the Committee of Management; (b) The vacancy for recruitment to the post of Assistant Teacher to the short term vacancy was not published properly in the widely circulated newspapers; (c) The reservation policy applicable for appointment to the short term vacancy has not been followed; and (d) The relevant papers for appointment and financial approval were submitted about one year latter.