LAWS(ALL)-2015-3-282

OM PRAKASH MISHRA Vs. STATE OF U P

Decided On March 31, 2015
OM PRAKASH MISHRA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THE petitioner is an ad hoc Lecturer in an Intermediate College. He is aggrieved by the order of the Joint Director of Education, Bareilly Region, Bareilly i.e.? the third respondent dated 24 December 2009, whereby he has refused to take any decision in the matter of the petitioner and has returned the relevant documents to the District Inspector of Schools (for short, "the DIOS") without expressing any opinion on merits.

(2.) THE essential facts of the case are; Madan Lal Inter College, Bisauli, Budaun (for short, "the Institution") is a recognized institution, wherein the education is imparted up to the level of Intermediate. It receives grant -in -aid out of the State funds. The provisions of U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921), U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. 24 of 1971), and the U.P. Secondary Education Services Selection Board Act, 1982 (U.P. Act No. 5 of 1982) are applicable to the Institution.

(3.) IN the year 1996 a vacancy arose in the post of the Lecturer in Physics on account of transfer of the then regular lecturer to some other institution. The Committee of Management sent a requisition to the U.P. Secondary Education Services Selection Board (for short, "the Board") for regular selection and the post was shown to be reserved for the scheduled caste category. In the meantime an advertisement was issued by the third respondent in terms of Rule 15 of the U.P. Secondary Education Services Commission Rules, 1995 (for short, "the Rules"), which provides a detail procedure for ad hoc appointment by direct recruitment.