CHANDRA BHAN Vs. BASIC SHIKSHA ADHIKARI GORAKHPUR

JUDGEMENT

(1.) R. H. Zaidi, J. The petitioner filed this petition under Article 226 of the Constitution of India for issuance of a writ, order or direction in the nature of mandamus commanding respondent not to permit the petitioner to continue as Assistant Teacher, to pay his salary and to consider him for regular appointment on the said post,

(2.) IN brief, it was pleaded that in the educational institution known Mewa Lai Gupta Poorv Madhyamik Vidyalaya Gorakhnath, District Gorakhpur (hereinafter referred to as the school) two pasts of Assistant teachers fell vacant in the year 1988. One post out of the two was reserved for the candidates belonging to the scheduled caste. The post were adver tised on 8-5-1988. IN the advertisement it was mentioned that one of the said posts was reserved for scheduled caste candidate. Petitioner belongs to scheduled caste and possessed requisite qualifications, applied for his ap pointment. The petitioner was called upon to appear before the selection committee which was constituted in accordance with law under the super vision of A. D. I. , Gorakhpur, he appeared on 25-9-1988. The result of the said selection was not declared, however, the petitioner was appointed as teacher on ad hoc basis and joined his duties w. e. f. 6-12-1989. However, no letter of appointment was issued by the committee of management in his favour. The respondent instead of issuing the letter of appointment in favour of the petitioner have been threatening to appoint other persons of their choice, consequently, the petitioner approach this Court and filed the present writ petition and prayed for the reliefs noted above. This Court vide order dated 11-10-1991 permitted the petitioner to appear provisionally before the selection committee in the interview for the appointment of Assistant teachers in the college.

(3.) IN the present case counter-affidavits has been filed only on behalf of the committee of management. IN the said counter-affidavit it has been stated that the INstitution was Junior High School and the provisions of U. P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 were applicable to it. IN the year 1993-94 INstitution was upgraded as High School and the High School Classes were permitted to be opened by the District INspector of Schools for literary subjects only, on the conditions that expenditure in respect thereof will be borne by the management. Now the provisions of U. P. INtermediate Education Act, 1921, were applicable to it and not that of Basic Education Act.