MAHENDRA LAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri D.S.P. Singh, learned counsel for the petitioner and Sri Pankaj Rai, learned Additional Chief Standing Counsel for the respondents.

(2.) BY means of the present writ petition, the petitioner has prayed for following reliefs: -

(3.) BRIEF facts giving rise to the present writ petition are that "Shri Kashiraj Mahavidyalaya Inter College Aurai District -Bhadohi" (hereinafter referred as institution) is a recognized and aided institution. The institution is governed under the provisions of Intermediate Education Act, 1921; U.P. High School and Intermediate Teachers and other Employees (Payment of Salaries) Act, 1971 and U.P. Service Commission Act, 1982. One Shri Kali Prasad Upadhyay was working as permanent Lecturer in the institution. He died on 20.7.1986. Thereafter the Committee of Management forwarded necessary requisition in respect of the said vacancy to the U.P. Secondary Education Service Commission. Since the Commission did not recommend the name of any suitable candidate, the Committee of Management decided to promote Sri Kallu Prasad Mishra, Assistant Teacher, L.T. Grade on the said vacancy caused due to death of Shri Kali Prasad Upadhyay. The same was approved by the District Inspector of Schools by letter dated 13.10.1995. As a result whereof, a short term vacancy of Assistant Teacher in L.T. Grade was caused in the institution. Having regard to the best interest of the students in the institution as well as extreme necessity of the teacher concerned the Committee of Management decided to fill up the said short term vacancy. Accordingly the said post was published in daily newspapers "Bharat Doot" and "Sanmarg" having wide circulation, published from Varanasi on 29.07.1995. The vacancy was also intimated to the Employment Exchange by the letter of the Manager dated 27.7.1995 and the said short vacancy was also duly notified on the notice board of the institution.