COMMITTEE OF MANAGEMENT OF CAPTAIN UMMED SINGH UCHCHATAR MADHYAMIK VIDYALAYA Vs. DISTRICT INSPECTOR OF SCHOOLS MAINPURI

JUDGEMENT

(1.) RAM Lakhan, petitioner no. 2 and respondent no. 3 were appointed as C.T. Grade Teacher in a High School known as Captain Ummed Singh Uchchattar Madhyamik Vidyalaya, Kalhore, District Mainpuri (hereinafter referred to as the school). In order to establish a Secondary Education Commission and Secondary Education Selection Board for selection of Teachers in the institution recognised under Intermediate Education Act, 1921, the Government of Uttar Pradesh had promulgated an ordinance known as U. P. Secondary Education Services Commission and Selection Board Ordinance of 1981. As the establishment of Commission and Selection Board was likely to take some time and there were number of vacancies in the posts of teachers in various institutions, Government of U. P. issued U. P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981 (hereinafter referred to as Removal of Difficulties Order).

(2.) THE school was a recognised Institution under Intermediate Education Act. THEre were vacancies in the L.T. grade in the school and as such the Management under paragraph 4 of the Removal of Difficulties Order promoted the petitioner no. 2 and the respondent no. 3 to L.T. grade purely on adhoc basis. Adhoc appointment of the petitioner no. 2 and respondent no 3 were approved by the District Inspector of Schools, Mainpuri vide order dated 26-3-X6.

(3.) SRI Mool Chand, respondent No. 2 was one of the reserved pool teachers and was as such has to be absorbed against the substantive vacancy in the L.T. grade. The District Inspector of Schools (hereinafter referred to as the D.I.O.S.) issued an order dated 12-6-86 to the Manager of the school for appointment of SRI Mool Chand, respondent no. 2 in the substantive vacancy of the L.T. grade and further directed that any ad hoc appointment made in the L.T. grade shall come to an end automatically.