RAM NARAIN YADAV Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Agarwal, J. Heard Sri Krishna Kumar Gupta, holding brief of Sri V. K. Singh, for the petitioner, the learned Standing Counsel for the respondents and perused the record.

(2.) THIS writ petition is directed against the order dated 16-4-2004 passed by the District Inspector of School directing the management to take steps for regular selection of the candidate, in accordance with Rule 14 of U. P. Secondary Education Services Commission (Procedure and Conduct of Business) First Regulations, 1995. He also held selection of the petitioner as Assistant Teacher being illegal since there was no vacancy on 27-10-1998.

(3.) HOWEVER, even if it is considered that promotion of Sri Lal Behari Chauhan on the post of Lecturer (Hindi) resulted in a short-term vacancy which could have been filled in by the management in accordance with the procedure prescribed under the Second Order, in my view, in appointing the petitioner, the procedure under para 2 of Second Order has not been followed and hence it does not confer any right upon the petitioner either to hold the post or to claim salary and the order of the DIOS declining to pay salary from the State Exchequer cannot be said to be erroneous.