ABHAY PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS Special Appeal seeks the quashing of the judgment and order dated 4th March, 2005 of a learned Judge of this Court by which the writ petition that had been filed by the appellant for setting aside the order dated 1st July, 2002 passed by the District Inspector of Schools, Bulandshahr (hereinafter referred to as the 'dios') and for a direction upon the DIOS to accord approval to his appointment as an Assistant Teacher in the Sri Swami Poornanand Inter College, Chirodi, Bulandshahr (hereinafter referred to as the 'college'), was dismissed. It was the contention of the appellant in the writ petition that on the retirement of Karan Singh who was a Lecturer in the College, one Raghu Raj Singh who was working as an Assistant Teacher in the L. T. Grade in the College was promoted as ad-hoc Lecturer and as a result of his promotion, a short-term vacancy arose on the post of Assistant Teacher in the College. This short-term vacancy was required to be filled in by direct recruitment in accordance with the procedure prescribed under the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (hereinafter referred to as the 'second Removal of Difficulties Order' ). Information regarding this was sent to the DIOS on 6th May, 1995 and the vacancy was subsequently advertised in the newspapers on 14th August, 1996. The Selection Committee which met on 24th August, 1996 recommended the name of the appellant for appointment as an Assistant Teacher against this short-term vacancy. An appointment order dated 25th August, 1996 was thereafter issued in his favour and he joined the College on 27th August, 1996. The relevant papers regarding his appointment were then forwarded to the DIOS for granting approval but as no orders were passed, he filed Writ Petition No. 54728 of 1999 which was disposed of by this Court on 23rd December, 1999 with a direction to the DIOS to decide the representation. In the meantime, the promotion of Raghu Raj Singh was challenged by another teacher Shukhbir Singh Raghav on the ground that he should have been promoted as a Lecturer in the College and ultimately when this issue was resolved in favour of Sukhbir Singh Raghav in the year 2000, the Committee of Management resolved on 27th March, 2000 to promote Sukhbir Singh Raghav on the post of Lecturer and also decided to absorb the petitioner who had since been working as Assistant Teacher against the post vacated by Sukhbir Singh Raghav and the papers were thereafter sent to the DIOS for grant of approval on 9th June, 2000.

(2.) THE DIOS by his order dated 19th February, 2001 rejected the representation filed by the appellant pursuant to the directions given by this Court in Writ Petition No. 54728 of 1999, holding that it was on account of promotion of Sukhbir Singh Raghav as a Lecturer that a short term vacancy on the post of Assistant Teacher arose in the College and the papers of appointment of the appellant were received in the office of DIOS on 9th June, 2000 but he had been appointed earlier on 25th August, 1996. It was also stated that the advertisement had not been issued in two national newspapers having wide circulation in the area.

(3.) THIS order was challenged by the appellant by filing Writ Petition No. 8321 of 2001 which was allowed by the judgment and order dated 10th May, 2002 and the order dated 19th February, 2000 passed by the DIOS was set aside. The matter was, however, remitted to the DIOS to take appropriate decision in the matter in accordance with law. The observations of the Court are as follows:-