SHRI NIWAS SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) The petitioner seeks writ of certiorari quashing the order dated 19th December, 1995, passed by the District Inspector of Schools, Ghazipur, respondent No. 1, refusing to accord financial sanction of the appointment of the petitioner to the post of Assistant Teacher in L.T. grade in Shri Gandhi Inter College, Dhotari, district Ghazipur (hereinafter referred to as the Institution).

(2.) The version of the petitioner is that Shri Satyendradeo Singh was permanent Principal of the Institution. He retired on 30th June, 1991. On his retirement one Sri Daya Shankar Singh, the seniormost lecturer was promoted as ad hoc Principal by the Committee of Management. On account of promotion of Sri Daya Shanker Singh a vacancy arose in the Institution on the post of Lecturer. Sri Digvijay Singh was promoted to the post of Lecturer from the post of L.T. grade teacher. On his promotion the vacancy to the post of Assistant Teacher in L.T. grade fell vacant. As the promotion order had not been confirmed, there was a short term vacancy.

(3.) It is alleged that the permission was obtained from the District Inspector of Schools for advertising the post for appointment to the post of L.T. grade teacher on short term vacancy and the District Inspector of Schools granted the permission, a copy of which has been annexed as Annexure-3 to the writ petition. The Committee of Management advertised the post in daily newspaper on 15th June, 1993. On the basis of the advertisement only two candidates applied. The Committee of Management decided to re advertise the post, in its resolution dated 25th July, 1993 and the Manager by his letter dated 6th September, 1993 requested the Employment Exchange to send the names. The post was re-advertised in the newspaper on 7th September, 1993. The petitioner applied for the appointment. The Selection Committee interviewed the candidates on 3rd October, 1993. The petitioner was found most suitable for appointment on the basis of guilty point marks. The Committee of Management accepted the recommendation of the Selection Committee and sent the papers to the District Inspector of Schools for approval on 13th October, 1993. The District Inspector of Schools did not pass any order.