NARESH CHAND Vs. DISTRICT INSPECTOR OF SCHOOLS, GHAZIABAD

JUDGEMENT

(1.) -this writ petition has been filed praying for a writ of certiorari quashing the impugned order of the District Inspector of Schools. Ghaziabad dated 20-05-1992 (Annexure-9 to the writ petition) , and for a writ of mandamus directing the respondent to pay salary to the petitioner as ad hoc Lecturer in Chemistry regularly, and not to interfere with his working ad hoc Lecturer in Chemistry in Shri Saraswati Inter College, hapur, District Ghaziabad till a regularly selected candidate selected by the Commission joins the post.

(2.) I have heard S. C. Budhwar, learned Counsel for the petitioner and the learned standing Counsel for the respondents. Since the dispute in this case is a purely legal dispute, and no factual controversy is involved, it is not necessary for me to call for a counter affidavit. Hence, I am disposing of this petition finally.

(3.) The post of Lecturer in Chemistry in the aforesaid college fell vacant when Shri R. P. Sharma retired on 30-06-1991. Consequently, a requisition was sent under Section 18 of the U. P. Secondary Education Service commission Act by the management, and since the Commission did not fill up the vacancy within time, the Committee of Management advertised the post of Lecturer in Chemistry, and the selection committee selected the petitioner, who belongs to the backward caste community. By its resolution dated 10-07-1991 the Committee of Management resolved to appoint the petitioner after accepting the recommendation of tbe Selection Committee and by order dated 11-07-1991 the petitioner was appointed ad hoc Lecturer in Chemistry vide Annexure-4 to the writ petition. The petitioner joined on 12-07-1991 and since then he has been continuing in service.