DINESH KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners are seeking a direction to the respondents to take a decision on the recommendation dated 22.10.2011 made by the Joint Director of Education, Basti Division, Basti in respect of appointment of the petitioners on the post of Assistant Teacher in the Secondary Section in the Adarsh Krishak Inter College Sihteekar Santkabir Nagar.

(2.) BRIEFLY stated the case of the petitioner is that the Institution in question is an Intermediate Level Institution but in the primary section 2 posts of Assistant Teachers fell vacant on the promotion of one Shri Ram Pandey and Shri Chandra Shekhar. On 1.8.2011, the District Inspector of Schools, Santkabir Nagar forwarded the papers regarding appointment on the post of Assistant Teacher in the Primary Section to the Joint Director of Education. On 2.8.2011 the Joint Director of Education recommended the matter before the Director of Education. On 12.9.2011 the Committee of Management of the Institution sought permission from the Joint Director of Education to advertise the vacancies. The permission was granted and on 14.9.2011 the two posts of Assistant Teachers were advertised in two daily news papers Swatantra Chetna and Pioneer. The petitioners alongwith others applied for the post and appeared in the interview in which they obtained the highest marks. On 8.10.2011 the Committee of Management issued appointment letters in favour of the petitioners for appointment as Assistant Teachers. According to the petitioners they are fully eligible for appointment and they have also reported their joining to the Principal of the Institution on 17.10.2011. It is stated that the matter relating to the grant of approval is however still pending and no approval has been granted.

(3.) A counter affidavit has been filed on behalf of the State government in which the facts narrated above have not been disputed but what has been stated is that according to the G.O. dated 19.4.2003 the power for making appointment on the post of Assistant Teachers attached to primary section now vests with the State Government and therefore the Regional Joint Director of Education, Basti forwarded the matter relating to the petitioners to the Director of Secondary Education, Lucknow through his letter dated 2.8.2011. It is also stated that since the teaching work was suffering the Authorized Controller of the Institution sought permission through his letter dated 12.9.2011 for making appointment to the said post in anticipation of regular selection and therefore the permission was granted for making selection on the two posts till regularly selected candidates are sent by the Government. It is in pursuance thereof that the Committee of Management of the Institution advertised the vacancies and after completing the formalities the petitioners were selected and appointment letters were issued to them on 8.10.2011 and they have also joined on 17.10.2011. The matter relating to payment of salary has in the meantime been referred to the Director of Secondary Education, U.P. Lucknow.