DAYA SHANKAR MISHRA S O SHRI MUKUT BEHARI MISHRA ASSISTANT TEACHER INDIRA Vs. DISTRICT INSPECTOR OF SCHOOLS AND THE COMMITTEE OF MANAGEMENT INDIRA

JUDGEMENT

(1.) Heard Sri H.N. Pandey, learned Counsel for the petitioner and learned standing counsel.

(2.) By this writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 5th October, 2001 passed by District Inspector of Schools, Allahabad refusing to approve the ad hoc appointment of the petitioner as Assistant Teacher L.T. Grade on the leave vacancy of one Mohd. Arif in Indira Gandhi Intermediate College, Jamha, Mau-Aima, District Allahabad (hereinafter referred to as the College),

(3.) The case of the petitioner in the writ petition is that one Mohd. Arif, who was working as L.T. Grade teacher in the College, was selected as Principal in Vijay Laxmi Pandit Intermediate College, Phulpur, Allahabad, consequently he was granted leave with effect from 23rd November, 1998 from the College, On account of grant of leave to Mohd. Arif a short term vacancy (leave vacancy) arose in the College on which short term vacancy the petitioner applied, selected and was appointed by the Committee of Management on 25th February, 1999. Petitioner's case further is that petitioner submitted a representation for payment of salary and filed Writ Petition No. 1377 of 2001 Daya Shankar Mishra v. The District Inspector of Schools, Allahabad and Ors. which was disposed of on 15th January, 2001 by this Court permitting the petitioner to make a representation to the District Inspector of Schools, who was directed to decide the same in accordance with law. In pursuance of the order of this Court the District Inspector of Schools rejected the claim of the petitioner on the post of Assistant Teacher L.T. Grade. The District Inspector of Schools took the view that the power to make ad hoc appointment on short term vacancy was there under the U.P. Secondary Education Services Commission (Removal of Difficulties (Second) Order, 1981, which order was rescinded on 25.1.1999, hence after 25.1.1999 the Committee of Management has no jurisdiction to make ad hoc appointment on short term vacancy and thus the appointment of the petitioner being without jurisdiction cannot be approved.