LAWS(ALL)-1988-11-21

KARUNA MALVIYA Vs. REGIONAL INSPECTRESS OF GIRLS SCHOOLS

Decided On November 02, 1988
KARUNA MALVIYA Appellant
V/S
REGIONAL INSPECTRESS OF GIRLS SCHOOLS, VARANASI REGION, VARANASI Respondents

JUDGEMENT

(1.) THE petitioner is an ad hoc teacher in the Harish Chandra Balika Vidyalay, Maidagin, Varanasi (here-in-after referred to as the Vidyalaya. On 23rd July 1986, the Regional Inspectress of Girls Schools, Varanasi region, Varanasi (hereinafter referred to as the Regional Inspectress) passed an order purporting to be under sub-section (4) of Section 21-B of the U. P. Secondary Education Services Commission and Selection Boards Act, 1972 (hereinafter referred to as the Act) directing that Smt. Madhubala Singh, the respondent no. 2. a "reserve pool teacher" should be appointed as a teacher in the C. T. Grade in the Vidyalaya. THE natural consequence of the implementation of this order would be that the appointment of the petitioner as an ad hoc teacher would come to an end. Hence this petition.

(2.) AFFIDAVIT have been exchanged between the parties. The petition is ripe for hearing. It has not been admitted as yet. However, with the consent of the learned counsel for the parties we are proceeding to dispose of the same finally.

(3.) IN section 21-A (a) the "Director" is defined to mean the Director of Education, Uttar Pradesh and includes any other officer authorised by him in that behalf. IN section 21-A (b) it is provided that the expressions "INspector", "INstitution", "Management" and 'teacher" shall have the meanings respectively assigned to them under the U. P. High School and INtermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the U. P. Act of 1971). Section 21-B of the Act provides, inter alia, that the INspector shall maintain in the prescribed manner a register of "reserve pool teacher" consisting of subjectwise lists of persons who were appointed as teachers in any institution situated in the district, either by the management or by the INspector. Sub-section (2) of Section 21-B has no relevance to the present controversy. Sub-section (3) provides that where any substantive vacancy in the post of a teacher in an institution is to be filled by direct recruitment, such post at the instance of the INspector be offered by the management to a teacher other than a teacher referred to in sub-section (2), whose name is entered in the register referred to in sub-section (1). Sub-section (4) says that if any teacher is offered appointment in accordance with the provisions of sub-section (3) and he fails to join the post within the time allowed therefor, which shall not be less than seven days, his name shall be removed from the register referred to in sub-section (1), and the appointment shall be offered to the next "reserved pool teacher" of the same district in the subject. Sub-section (5) provides that if such other teacher to whom offer of appointment is made also fails to join, then the same process shall be repeated until the list of "reserve pool teachers" of that district in the subject is exhausted. Sub-section (6) lays down that no appointment of any teacher to an institution shall be made under section 16 until the list of "reserve pool teachers" of that district in the subject concerned is exhausted in accordance with sub-section (5). The Explanation of section 21-B is also relevant. Sub-section (1) of section 21-C provides that where the vacancies available for teaching in any subject are less than the number of "reserve pool teachers" available for appointment in any district, or where it is otherwise necessary or expedient so to do, the Director may, notwithstanding anything contained in section 21-B direct that the name of any such teacher be excluded from the register maintained in one district and be included in the register maintained in another district. Sub-section (2) of section 21-C provides that where the name of a "reserve pool teacher" is included in the register of another district in accordance with the provisions of sub-section (1), the provisions of section 21 B shall mutatis mutandis apply to such a teacher, except that the requirement of service as a teacher in such district shall not be necessary.