YOGENDRA KUMAR SINGHS Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for quashing of the order of the District Inspector of Schools, Jaunpur dated 20.7.1981, copy of which has been annexed as Annexure-XIII to the writ petition. They have further prayed for a writ of mandamus directing the respondents not to interfere with the functions of the petitioners as Lecturer in Economics. English and Sanskrit and to make payment of their salaries.

(2.) The case of the petitioners in brief is that by the letter dated 27.9.1980, the District Inspector of Schools, Jaunpur (hereinafter to be referred in short as D.I.O.S.) approved the request of the Committee of Management to fill up four posts of Lecturers in the Intermediate Section in Dr. Bhagwan Dass Intermediate College. Hindi Baghela district Jaunpur (hereinafter to be referred as the Institution). Out of four posts of Lecturers, one post in History was filled by promotion and the remaining three posts were advertised for being filled in by direct recruitment. The advertisements were made in two News Papers, i.e., 'Aaj' and 'National Herald'. In pursuance of the said advertisements petitioner Nos. 1 to 3 who were fully qualified to be appointed on the posts of Lecturer applied for appointment. They were called for interview before the Selection Committee on 8.4.1981. Selection Committees were constituted in accordance with the provisions of Section 16F (2) of the U. P. Intermediate Education Act. In addition to the petitioners, several other candidates were also called for interview. For the post of Lecturer in Economics, the Selection Committee found petitioner No. 1 as most suitable and his name was placed at Serial No. 1. Similarly, on the posts of lecturer in English and Sanskrit. Selection Committee recommended the names of petitioner Nos. 2 and 3 respectively for appointment as Lecturers on the said posts. The Committee of Management in its meeting held on 11.4.1981 accepted the recommendation of the Selection Committee and accordingly appointment letters were issued to petitioner Nos. 1 to 3. The petitioners then joined their duties on the respective posts on 12.4.1981. On 13.4.1981, the Manager of the Institution sent all the records relating to the appointment of the petitioners on the posts of Lecturer in Economics. Lecturer in English and Lecturer in Sanskrit. Petitioners are still working on their respective posts. When the bill of salary of/ petitioners for the months of May and June, 1981 was sent to D.l.O.S. for* payment, he refused to make any payment tilde its letter dated 20.7.1981 and has further informed that the proceedings of their selection would not be accepted by him because of the order of Deputy Director of Education, Varanasi Region, Varanasi, dated 27.4.1981 which says that the appointment of teachers stood stopped from 7.4.1981. According to the petitioners' case, this action of the D.I.O.S. is absolutely illegal and arbitrary. The petitioners have been appointed on the respective posts of Lecturers in accordance with the provisions of Sections 16E and 16F of the U. P. Intermediate Education Act and the Regulations framed thereunder. Their appointments could not be cancelled or effected by any Radiogram or executive orders of the D.I.O.S. or the State Government. The U. P. Secondary Education Services Commission and Selection Board Ordinance, 1981 is not applicable as far as the case of the petitioners is concerned, since the Ordinance is prospective and not retrospective. Vires of the Ordinance have also been challenged in the writ petition. In the counter-affidavit filed on behalf of the D.I.O.S. no serious challenge has been made regarding the procedure adopted by the authorities of the Institution in making appointments of the petitioners. However the case of the respondent, D.l.O.S. is that the State Government issued an Ordinance, dated 7.4.1981 and stopped all appointments in all High School and Intermediate Colleges run by the private Management. A copy of Radiogram which was received by the D.I.O.S. has been annexed as Annexure C.A.-1. This Radiogram purports to have been Issued and sent by Secretary to Government, U. P. Education Department to the District Inspector of Schools. It reads as follows : "Stop all fresh selections and appointment of Principals, Head Masters and Teachers including recruitment by promotion, in all non-government aided secondary schools except minority institutions pending further orders. District Inspector to ensure non-drawal of pay of teachers appointed after this day. Detailed instructions to follow."

(3.) 8y means of an interim order of this Court dated 11.9.1981. the operation of the order of D.I.O.S., dated 20.7.1981 relating to the petitioners was stayed and the D.I.O.S. was ordered to pay by 15.10.1981 entire salaries of the petitioners due since the date of their joining, and he was further ordered to go on paying the monthly salaries of the petitioners as and when the same fall due. It is not disputed that since the beginning, the petitioners have been working on the posts on which they were appointed by the Committee of Management.