SAVLNDRA KUMAR SINGH Vs. RAJ DEO PAL

JUDGEMENT

(1.) S. Rafat Alam, J. This Special Ap peal arises out of the judgment dated 12-11-1992 of the learned Single Judge rendered in Civil Misc. Writ Petition No. 10404 of 1990.

(2.) THE short question that falls for our determination is as to whether the Committee of Management of a recog nised Intermediate College receiving grant-in-aid from the State of U. P. can make appointment on ad hoc basis by direct recruitment as provided under Sec tion 18 of the U. P. Secondary Education Service Commission and Selection Board Act, 1982, (hereinafter referred to as the Act of 1982 ).

(3.) BEING aggrieved by the aforesaid decision of the Committee of Manage ment, the respondent No. 1 made a repre sentation before the authorities of the Education Department and also ap proached this Court by filing Civil Misc. Writ Petition No. 10404 of 1990 which was allowed by a learned Single Judge of this Court by the impugned judgment dated 12-11-1992 on the ground that respondent No. 1 (writ petitioner), being senior most L. T. Grade Teacher in Economics, was en titled to be promoted on ad hoc basis as lecturer in economics in view of the Division Bench judgment of this Court in the case of Charu Chandra Tewari v. Dis trict Inspector of Schools, Deoria (supra ). It has also been held that the Committee of Management was not justified in filling the aforesaid vacancy by direct appoint ment and, therefore, the appointment of the appellant (respondent No. 6 to the write petition), was quashed and a direction, was issued to promote respondent No. 1 (writ petition), as Lecturer in Economics on ad hoc basis forthwith and allow him to con tinue until regular selection was made by the Commission. Against the aforesaid order of the learned Single Judge, the present Special Appeal has been filed.