MANVENDRA PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed for a direction upon the District Inspector of Schools, Aligarh to accord financial approval to the appointment of the petitioner on the post of Assistant Teacher (L.T. grade) in Hira Lal Barasaini Inter College, Aligarh (hereinafter referred to as the 'College') and to pay him salary regularly including arrears w.e.f. 10th August, 1998.

(2.) The petitioner claims that in the aforesaid College, which is a recognised Government aided College, a number of vacancies on the post of Assistant Teacher (L.T. grade) were lying vacant but despite intimation having been sent by the Committee of Management of the College, the District Inspector of Schools, Aligarh and the U.P. Secondary Education Services Commission and Selection Board (hereinafter referred to as the "Secondary Education Board") did not make any appointment. In such circumstances the Committee of Management decided to fill-up the existing short term vacancies of Assistant Teacher (L.T. grade) on ad hoc basis by issuing an advertisement in the Newspaper "Parabada Dainik" dated 3rd August, 1998. In response to the aforesaid advertisement the petitioner and other candidates submitted applications and on the basis of the recommendations made by the Selection Committee the petitioner was appointed as Temporary Assistant Teacher (L.T. Grade) on ad hoc basis by means of the letter dated 10th August, 1998. The petitioner thereafter joined the services on 10th August 1998 and by means of the communication dated 24th October, 1998 the Committee of Management of the College sought approval of the appointment of the petitioner from the District Inspector of Schools, Aligarh. However, when no communication was received from the office of the District Inspector of Schools, the petitioner filed this petition on 17th April, 1999 when the matter was adjourned on the request made by the learned counsel for the petitioner that he desired to file a supplementary affidavit disclosing the Newspapers wherein the advertisements were published. A supplementary affidavit was filed on behalf of the petitioner mentioning therein that the advertisement was also published in the Newspaper "Dainik Prakash" dated 3 rd August, 1998.

(3.) A counter affidavit has been filed by the Assistant District Inspector of Schools, Aligarh on behalf respondent nos. 1, 2 & 3. It has been pointed out that the appointment had not been made in accordance with the provisions of the Act and the Removal of Difficulties Order and was also contrary to the decision of this Court given in the case of Radha Raizada and Ors. v. Committee of Management, Vidyawati Darbari Girls Inter College and Ors. (1994) 3 UPLBEC 1551 as the vacancy was not advertised in two Newspapers having vast circulation in the State but was advertised only in local Newspapers. It was further pointed out that it was imperative for the College to have intimated the Board about the appointments to be made on the vacancies but that had not been done. In such circumstances, it was pointed out that the petitioner was not entitled to any relief from this Court.