OM PRAKASH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER's case is that a vacancy in the post of Assistant Teacher in the C. T. Grade in the subjects of Science and Mathematics became available with effect from 1-7-84 in Gram Swavalambi Inter College, Raniwan, Faizabad, on retirement of Chintamani Tewari who possessed B. Sc., B. Ed. qualification and used to teach subject of Science and Mathematics. The Committee of Management of this institution communicated to opposite party no. 2 District Inspector of Schools, Faizabad about the existence of this vacancy clearly stating that the teacher required was for teaching Science and Mathematics subjects. The Committee of Management issued an advertisement asking for applications for this post and interviewed all the candidates who applied for the post on 25-12-85. The petitioner having secured highest marks was selected and appointed as Assistant Teacher in C. T. Grade in the said college, vide letter of appointment dated 30-12-85, contained in Annexure-3 to the writ petition. The Committee of Management sent the papers indicating the quality point marks obtained by the respective candidates to the District Inspector of Schools for accord of his approval on 6-1-86. The District Inspector of Schools did not send any intimation regarding approval to the petitioner's appointment but on the other hand he sent letter dated 11-2-86 intimating that opposite pary no. 4 Anant Ram Misra, a reserve pool teacher was being appointed against this vacancy. By a subsequent letter dated 15-2-86 of the District Inspector of Schools the petitioner's appointment was disapproved. PETITIONER's case is that he is continuously working on this post since 1-1-86 and being B. Sc., B. Ed. he is fully qualified to teach subjects of Science and Mathematics and that opposite party no. 4 did not come to the college to submit his joining report in pursuance of the order dated 11-2-86.

(2.) PETITIONER sought reliefs to have order dated 11-2-86 and 15-2-86 of the District Inspector of Schools contained in Annexure-6 and 7 respectively quashed and for writ of mandamus commanding the opposite parties to treat the petitioner as regularly selected in C. T. Grade and for a direction to pay the salary with effect from 1-1-1986.

(3.) LEARNED counsel for the petitioner has invited our attention to subsection (1) of section 21B of the U. P. Secondary Education Services Commission and Selection Boards Act, 1982, as inserted by U. P. Ordinance no. 12 of 1985. It provides that the Inspector shall maintain in the prescribed manner a register of reserve pool teachers consisting of subject wise lists of persons of reserve pool teachers. On the strength of this provision it is argued that the vacancy in question being for the subjects of Science and Mathematics for teaching the subjects in the institution only such reserve pool teacher can be appointed to this post who possesses qualifications in subjects of Science and Mathematics.