STATE OF U.P. Vs. BRIJESH YADAV

JUDGEMENT

(1.) The State of Uttar Pradesh and the District Inspector of Schools, Azamgarh have filed this Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 against the judgment dated 11 Feb. 2005 of a learned Judge of this Court by which Writ Petition No. 1622 of 2001 that was filed by respondent No. 1-Brijesh Yadav for quashing the order dated 4 Nov. 2000 passed by the District Inspector of Schools, Azamgarh has been allowed and a direction has been issued to the District Inspector of Schools to grant approval to the appointment of Brijesh Yadav within two months. The said order was passed on the representation filed by Brijesh Yadav (hereinafter referred to as the 'petitioner') for granting approval to his appointment as Assistant Teacher in the L.T. Grade.

(2.) The Appeal is accompanied by an application seeking Leave to Appeal by the State of Uttar Pradesh as it was not impleaded as defendant in the writ petition. The State of Uttar Pradesh should have been impleaded as a respondent as any direction granting approval to the appointment would necessarily mean payment of salary. The application filed by the State seeking Leave to Appeal is, therefore, allowed.

(3.) The Appeal reveals that Sri Mathura Inter College, Naharpur, Azamgarh (the College) is a College recognized under the provisions of the Uttar Pradesh Intermediate Education Act, 1921 (the 1921 Act). The provisions of the Payment of Salaries Act, 1971 (the 1971 Act) would, therefore, be applicable. The appointment of teachers is governed by The Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982 (the 1982 Act) , and the Removal of Difficulties Order that have been issued from time to time under Sec. 33 of the 1982 Act.