COMMITTEE OF MANAGEMENT OF MAHABIR INTER COLLEGE, MALKPURA, GHAZIPUR Vs. DISTRICT INSPECTOR OF SCHOOLS, GHAZIPUR AND OTHERS

JUDGEMENT

(1.) By present writ petition under Art. 226 of the Constitution the petitioner has prayed for a Writ of Mandamus directing the Respondent No. 1 to decide the representation of the, Committee of Management dated 25th May, 1987 and to quash the order dated 3rd June, 1987 passed by District Inspector of Schools (Annexure 5 to the writ petition).

(2.) The petitioner is a recognised institution within the meaning of U.P. Intermediate Education Act. Loknath Singh the Respondent No. 2, an adhoc teacher of the institution in C. T. Grade applied for leave on the ground that under some special circumstances he was unable to attend the institution with effect from 22-12-1986 to 15-5-1987. As the absence of Loknath Singh was for a long period and cause of the students was to suffer, therefore the vacancy was notified on the notice board and the selection committee was constituted which selected Sachchidanand Singh, the Respondent No. 3 at SI. No. 1 (vide report dated 30-12-1986, Annexure 2 to the petition) as adhoc teacher in C. T. Grade. That selection was sent for approval of the District Inspector of Schools who by his letter dated 2-2-1987 approved the same. The Respondent No. 3 joined as an adhoc teacher on 1-1-1987. When the salary bill of Respondent No. 3 for the month of June 87 was sent for approval of District Inspector of Schools, he approved the salary till 15-5-1987 but directed that the Respondent No. 2 who came back after his leave and wanted to join on 16-5- 1987 may be deemed to have joined on that date as he was appointed as an adhoc teacher and was entitled to continue in service till a duly selected candidate recommended by the Commission comes and joins the post.

(3.) Learned Counsel for the petitioner urged that as Loknath Singh, the Respondent No. 2 was an adhoc teacher hence he had no lien to the post and as he expressed his inability to continue since 22-12-1986 to 15-5-1987 he was relieved of the duties and in his place Sachchidanand Singh, the Respondent No. 3 was selected by the duly constituted selection committee and his appointment was approved also by the District Inspector of Schools hence he was an assistant teacher within the meaning of Sec. 18 of U.P. Secondary Education Service Commission and Selection Boards Act, 1982 (for short the Act), therefore his appointment cannot be terminated till a duly selected candidate recommended by the Commission comes and joins the post and as such impugned order of District Inspector of Schools was manifestly erroneous.