PRABHAT KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Narain, J. The petitioners have sought writ of mandamus commanding the respondents to pay salary to the petitioners of the post of Assistant Teacher in L. T. grade appointed on ad hoc basis with effect from 15/16thjuly, 1991.

(2.) SRI Saraswati Vidyalaya Inter College, Hapur, district Ghaziabad, (hereinafter referred to as the Institution) is a recognised institution under the provisions of U. P. Intermediate Education Act, 1921. There was vacancy of 16 posts of Assistant Teachers in L. T. grade in the institution. The Committee of Management is alleged to have notified the vacancy to the U. P, Secondary Education Services Commission under Section 18 of U. P. Secondary Education Services Commission and Selection Boards Act, 1982 (U. P. Act No. 5 of 1982 ). The U. P. Secondary Education Services Commission (hereinafter referred to as the Commission) did not recommend the name of any candidate for being appointed as a teacher. The Com mittee of Management of the institution advertised 16 posts of Assistant Teachers in L. T. grade in the newspaper 'dainik Jagaran' dated 3rd July, 1991. In the advertisement it was indicated that the applications may be sent to the Manager of the institution by 8th July, 1991. The interview shall take place on 10th July, 1991, for the post of lecturer and on 12th July, 1991, for Assistant Teachers in L. T. grade.

(3.) I have heard Shri Ashok Khare, learned counsel for the petitioner and Shri Sabhajit Singh Yadav, learned counsel for the State at length. The various points raised on behalf of the State, challenging the selection of the petitioners are being considered in seriatim.