ASHIKA PRASAD SHUKLA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 31/10/2018, passed by learned Single Judge in Writ-A No.5050 of 2001, whereby the claim of appellant-petitioner of appointment as Assistant Teacher is turned down primarily on the ground that the procedure prescribed in Clause 2(3)(ii)&(iii) of Uttar Pradesh Secondary education Services Commission (Removal of Difficulties) Second Order, 1981 (hereinafter referred to as 'Second Order of 1981') was not followed and consequently the appointment of appellant-petitioner was nullity.

(2.) There exists an educational institution known as Krishak Inter College, Kashauta, Allahabad (Prayagraj) [hereinafter referred to as 'Institution'], which is duly recognized under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act of 1921') and provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 are applicable upon it. The provisions of U.P. Secondary Education Service Selection Boards Act, 1982 (hereinafter referred to as 'Act of 1982') regulated the appointment of Teachers in the Institution.

(3.) Vide letter/order dtd. 13/11/1991, which was effective from 1/4/1991, one post of Principal; two post of L.T. Grade Teacher; and four post of C.T. Grade Teacher were sanctioned by the competent authority in the Institution. The senior most teacher in the Institution, namely Surendra Prasad Tripathi, was appointed as ad-hoc Principal. Resultantly, a short-term vacancy on the post of Assistant Teacher (L.T. Grade) came into existence against which the appellant-petitioner claims to have been appointed on 5/8/1992 under the Second Order of 1981.