VIPIN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A.K. Yadav learned counsel for petitioner and learned Standing Counsel.

(2.) The petitioner has prayed for quashing the order dated 4.6.2003 and 18.10.2003 issued by the Director of Education (Basic), U.P., at Allahabad, and the consequential, order dated 24.1.2004 issued by the Authorised Controller of the Institution, disapproving the petitioner's appointment as Assistant Teacher and cancelling the resolution No. 10 dated 24.1.2003, of the Managing Committee of the School.

(3.) Dr. Ambedakar Junior High School, Indragndhi, Ghaziabad is a recognized and aided Junior High School. The service conditions of the teachers and staff and the payment of their salaries are regulated by the U.P. Recognized Basic Schools (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978 and U.P. Junior High School (Payment of Salaries to Teachers and Other Employees) Act, 1978. The Regional Assistant Director of Education (Basic) 1st Region, Meerut has by his order dated 12.5.1988 sanctioned one post of Head Master, eight posts of Assistant Teachers, one post of Clerk and three posts of Class IV employees in the school. The District Basic Education Officer, Ghaziabad by her order dated 23.4.1997 transferred Smt. Poonam Kushwaha, Assistant Teacher serving in Ganga Saryn Srrjarak Junior High School, Sabali, Hapur, Ghaziabad to Dr. Ambedkar Junior High School on the ground that the students strength in her institution was not sufficient. One Sri Yograj Singh, serving as Assistant Teacher in the school was appointed in an absolutely administrative ground and that he resigned on 25.6.1999 and was relieved from duties on 27.6.1999.