NITYANAND SHUKLA Vs. DIRECTOR OF EDUCATION U P

JUDGEMENT

(1.) BOTH these appeals arise out of the judgment dated September 9, 1991, passed by the learned single Judge, whereby the order passed by the Deputy Director of Education dated 18th July, 1990 was quashed but the writ petition was dismissed as regards the claim of Kailash Nath Shukla for nwindamus commanding the respondents to pay him salary for the post on which he was appointed by the Committee of Management.

(2.) BRIEFLY stated, the facts are that Nagrik Inter College, Janghai, district Jaunpur is a recognised institution (hereinafter referred to as the institution) and is governed by the provisions of U. P. Intermediate Education Act, 1921. In the institution, one Chandra Shekhar Mishra was teacher in L. T. grade. He retired from service on 30.6.1989 and one Sri Rama Kant, L. T. grade teacher was promoted to the lecturer's grade. The two posts fell vacant in the college. One was for teaching Sanskrit and the other was for teaching the general subjects. The Management of the institution advertised the posts in the newspaper on 1.6.1989 inviting applications for two posts of L. T. grade teacher and 25.6.1989 was fixed for interview. On 25.6.1989 separate interviews were held. Kailash Nath Shukla, the writ petitioner-appellant and one R. K. Pandey were issued appointment letters, one for teaching general subjects and another for teaching Sanskrit subject. The papers were forwarded to the District Inspector of Schools on 26th September, 1989. The District Inspector of Schools, Jaunpur, issued a letter to the Committee of Management making queries as to when the vacancy had occurred and when the intimation of vacancy was given to the Commission under Section 18 of the U. P. Secondary Education Services Commission and Selection Boards Act 1982 (in short the Act 1982).

(3.) THE writ petitioner-appellant made a representation to the Deputy Director of Education on 3rd August, 1990 but before the representation could be decided, he filed Writ Petition No. 22185 of 1990, challenging the order of Deputy Director of Education dated 18th July, 1990. It was alleged that first selection was cancelled by the Committee of Management and the post was re-advertised on 25.4.1990. He applied for appointment. THE interview took place on 29.5.1990 and he and one R. K. Pandey were selected on two different posts and they were given appointment letters. THE papers were forwarded to the District Inspector of Schools but no order was passed by him and that he was entitled to salary on the basis of the second selection. In the writ petition, he had Impleaded Nitya Nand Shukla as respondent No. 5.