VIJAY KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Anil Bhushan, learned Counsel for the petitioners, learned Standing Counsel for the respondents No. 1 to 3 and Sri J.J. Munir, learned Counsel for the respondent No. 4.

(2.) This writ petition is directed against the orders dated 26th November, 2005 passed by the District Inspector of Schools, District-Aligarh/ respondent No. 3 (Annexures No. 12 and 13 to the writ petition) by which the the petitioners' claim for grant of financial approval to their appointments as Assistant Teachers has been rejected.

(3.) Heera Lal Barahsaini Intermediate College, Aligarh is a duly recognized and aided Intermediate College, hereinafter referred to as "the Institution". One Sri Rukam Kesh Varshney, who was working as Lecturer (Art) in the Institution retired after attaining the age of superannuation, as a result of which a substantive vacancy on the post of Lecturer (Art) occurred. The Committee of Management decided to fill up the aforesaid post by ad-hoc promotion of one Sri Madan Mohan Varshney, who was senior most L.T. Grade Teacher and possessed the requisite qualifications and in this regard a resolution was passed on 15th September, 1996 promoting Sri Madan Mohan Varshney as Lecturer in Article Papers of his appointment was duly forwarded to the District Inspector of Schools for grant of financial approval which was accorded on 20th June, 1998 w.e.f. 1st January, 1997, thus, creating a short term vacancy in the L.T. Grade Assistant Teacher. Thereafter, another short term vacancy came into existence on account of ad-hoc promotion of another L.T. Grade teacher, namely, Sri Vimal Kishore and thereafter the Committee of Management intimated the aforesaid short term vacancies to the District Inspector of Schools on 7th April, 1998, whereafter, the Committee of Management advertised the said two short term vacancies in two newspapers, namely, Pravada and Dainik Prakash on 3rd August, 1998. Pursuant to the aforesaid advertisement the petitioners applied for the post of L.T. Grade teachers and were called for interview on 9th August, 1998 before the Selection Committee constituted for the purpose of selection of L.T. Grade teachers along with other applicants. The Selection Committee selected the petitioners on the basis of quality point marking. Pursuant to the selection, appointment letters were issued to the petitioners on 10th August, 1998 and the petitioners joined their respective posts on 10th August, 1998. The entire papers relating to the petitioners' selection were submitted to the District Inspect of Schools for his financial approval alongwtih the Management's letter dated 24th October, 1998. However, no orders were passed by the District Inspector of Schools as a result the petitioners filed two separate Civil Misc. Writ Petitions No. 15990 of 1999 (Vijay Kumar v. State of U.P. and Ors.) and Writ Petition No. 15994 of 1999 (Kailash Chandra Varshney v. State of U.P. and Ors.), which were finally disposed of by this Court by two different orders passed on 24th August, 2005 by which this Court directed the District Inspector of Schools to decide the matter regarding according approval to the petitioners' appointment after giving opportunity of hearing to the petitioners as well as the Committee of Management within a period of two months.