PRAVEEN KUMAR SHARMA Vs. DISTRICT BASIC EDUCATION OFFICER

JUDGEMENT

(1.) Heard counsel for the petitioner.

(2.) By this writ petition the petitioner has prayed for a writ of mandamus commanding the respondents No. 1 and 2 to get the petitioner joined in the Institution and to issue formal order of approval by the respondent No. 1. A mandamus has also been sought directing the respondents No. 1 and 2 to complete all the formalities in respect to appointment of the petitioner as an Assistant Teacher.

(3.) The petitioner's case in the writ petition is that he was selected by the Selection Committee for appointment as Assistant Teacher. On 15th July, 1996 the records of which was communicated to the Basic Shiksha Adhiakri for approval but the Basic Shiksha Adhiakri did not approve the appointment Complaint was filed before the District Magistrate who called for selection proceedings. It was stated in the writ petition that the Management is taking another interview for ousting the petitioner from being appointed as Assistant Teacher. It was further stated in the writ petition that the District Magistrate has called for the report. It was submitted that the appointment of the petitioner was valid appointment. Reliance was placed on Rule 10(5)(iii) of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 for claiming that the approval shall be deemed since nothing was communicated within one month from the receipt of the papers which papers were received on 15.7.1996.