SUBASH CHANDRA PATEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant Sri Arvind Srivastava and learned Standing Counsel for the State. Notice upon the respondent no. 4 has been served through registered post but no one appears on behalf of the committee of management.

(2.) The instant appeal is directed against the judgment and order dated 19.11.2017 passed by the learned Single Judge in Writ Petition No. 56113 of 2007 Subhash Chandra Patel and others vs. State of U.P. and others , whereby the writ petition was dismissed rejecting the claim of the appellants-petitioners on the ground that their appointments have not been made against the sanctioned post, thus no interference can be called for under Article 226 of the Constitution of India.

(3.) For deciding the controversy, brief facts are that there is an institution in the name of Shri Shivajpat Singh Janta Inter College, Bhitauli Bazar, District Maharajganj (hereinafter referred to as the 'Institution'). The provisions of the U.P. Intermediate Education Act, 1921, the provisions of Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act , 1971 as well as the provisions of the U.P. Secondary Education Services Selection Board Act, 1982 are applicable to the said institution. The institution has one attached primary school in the same campus. The case of the appellants-petitioners is that an order was passed by the District Inspector of Schools on 06.05.1994, whereby 10 additional sections were sanctioned in the institution for running the additional classes. Earlier to that there were 35 sections in the aforesaid attached primary school. On the basis of grant of permission to run 10 additional section, applications were invited for selection and appointment on the post of Assistant Teachers in the aforesaid attached primary school, and without disclosing the material on record it has been alleged that vide order dated 15.12.1998 the petitioners were granted appointment as Assistant Teacher in the primary section. In pursuance to the order of appointment the appellants-petitioners joined their duties on 26.12.1998 and since then they are discharging their duties on the post of Assistant Teacher.