BHAGWATI NEGI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY means of this petition, moved under Article 226 of Constitution of In dia, the petitioner has sought writ in the nature of mandamus, directing respond ent No. 3 to grant approval to the se lection of the petitioners as Assistant Teachers in Raja Mahendra Pratap Girls Junior High School, Gurukul Narsen, Haridwar (herein after referred as the School ). Also, a mandamus has been sought directing the respondents to pay salary of the petitioners, who are work ing as Assistant Teachers.

(2.) HEARD learned counsel for the parties.

(3.) BEFORE further discussions, it is pertinent to mention here the relevant provisions of law applicable to the case. Rule 3 of U. P. Recognised Basic Schools (Junior High Schools) (Recruitment and Condition of Services of Teachers) Rules, 1978, (herein after referred as Rules) reads as under-: "3. Appointment. ' (1) It shall be the responsibility of the Management to fill a vacancy in the post of Head master or assistant teacher as the case may be, of a recognized school by 31st July every year. (2) If any vacancy occurs during an academic sessions, it shall be filled within two months from the date of occurrence of such vacancy. " Rule 9 of the Rules, provides as un der: "9. Selection Committee- For ap pointment of Headmaster and Assistant Teacher in the institutions other than minority institutions and in the minority institution, the Management shall constitute a Selection Commit tee as follows- A- Institution other than Minor ity Institutions: (i) For post of Headmaster: (1) Manager; (2) A nominee of District Basic Edu cation Officer; (3) A nominee of the Management; (II) For the post of Assistant Teacher: (1) Manager; (2) Headmaster of the recognized School in which the appoint ment is to be made; (3) A nominee of the Management. Relevant portion of Rule 10 of the aforesaid Rules is being reproduced be low : "10. Procedure for Selection.- (1) The Selection Committee shall after interviewing such candidates as ap pear before it on a date to be fixed by it in this behalf, of which due in timation shall be given to all the candidates, prepare a list containing as far as possible the names, in order of preference, of three candidates found to be suitable for appointment. (2) The list prepared under clause (1), shall also contain particulars regarding the date of birth, aca demic qualifications and teaching experience of the candidates and shall be signed by all the mem bers of the Selection Commit tee. (3) The Selection Committee shall, as soon as possible, forward such list, together with the min utes of the proceedings of the Committee to the management. (4) The Manager shall within one week from the date of receipt of the papers under clause (3) send a copy of the list to the District Basic Education Officer. (5) (i) If the District Basic Education Officer is satisfied that- (a) the candidates recommended by the Selection Committee possess the minimum qualifications pre scribed for the post; (b) the procedure laid down in the rules for the selection of Head master or assistant teacher, as the case may be, has been fol lowed he shall accord approval to the recommendations made by the Selection Committee and shall communicate his decision to the management within two weeks from the date of receipt of the papers under clause (4 ). (ii) If the District Basic Education Officer is not satisfied as afore said, he shall return the papers to the management with the di rection that the matter shall be reconsidered by the Selection Committee. (Hi) If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded approval to the recommenda tions made by the Selection Committee. "