Petitioner challenged rejection of appointment as Assistant Teacher in a college. Court held appointment void for not following mandatory removal of difficulties procedure. Petition dismissed.
Petitioner's plea for approval of appointment and salary rejected; interim order vacated.
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Court No. - 34
Case :- WRIT - A No. - 10600 of 1992
Petitioner :- Ramesh Singh Respondent :- District Inspector of Schools And Others Counsel for Petitioner :- A.Khare,A.D. Dubey,J.N. Sharma,Nisheeth Yadav,S.P. Rai,Shashi Prakash Rai Counsel for Respondent :- S.C.,A.K.Singh
Hon'ble Sudhir Agarwal,J.
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(Second) Order, 1981 (hereinafter referred to as the "Second Order") . However, management did not follow the said procedure and vide resolution dated 25.05.1991 appointed petitioner as Assistant Teacher (L.T. Grade). Copy of appointment letter is Annexure-2 to writ petition. Thereafter Principal of College sent papers to District Inspector of Schools (hereinafter referred to as “DIOS”) for approval on 30.08.1991 but the said approval has not been granted, hence this writ petition. Petitioner has sought a mandamus commanding DIOS to grant approval to his appointment and pay salary.
" 2. Procedure for filling up short term vacancies .--(1) If short term vacancy in the post of a teacher, caused by grant of leave to him or on account of his suspension duly approved by the District Inspector of Schools or otherwise, shall be filled by the Management of the institution, by promotion of the permanent senior most teacher of the institution, in the next lower grade. The Management shall immediately inform the District Inspector of Schools of such promotion alongwith the particulars of the teacher so promoted.
(2) Where any vacancy referred to in clause (1) cannot be filled by promotion, due to non-availability of a teacher in the next lower grade in the institution, possessing the prescribed minimum qualifications, it shall be filled by direct recruitment in the manner laid down in clause (3).
(3)(i) The management shall intimate the vacancies to the District Inspector of Schools and shall also immediately notify the same on the notice board of the institution, requiring the candidates to apply to the manager of the institution alongwith the particulars given in Appendix
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'B' to this Order. The selection shall be made on the basis of quality point marks specified in the Appendix to the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, issued with Notification No. Ma-4993/XV-7-1 (79)-1981, dated July 31, 1981, hereinafter to be referred to as the First Removal of Difficulties Order, 1981. The compilation of quality point marks shall be done under the personal supervision of the Head of Institution.
(ii) The names and particulars of the candidate selected and also of other candidates and the quality point marks allotted to them shall be forwarded by the manager to the District Inspector of Schools for his prior approval.
(iii) The District Inspector of Schools shall communicate his decision within seven days of the date of receipt of particulars by him failing which the Inspector will be deemed to have given his approval.
(iv) On receipt of the approval of the District Inspector of Schools or, as the case may be, on his failure to communicate his decision within seven days of the receipt of papers by him from the manager, the management shall appoint the selected candidate and an order of appointment shall be issued under the signature of the Manager.
Explanation.--For the purpose of this paragraph--
(i) the expression 'senior most' teacher means the teacher having longest continuous service in the institution in the Lecturer's grade or the Trained graduate (L.T.) grade, or Trained undergraduate (C.T.) grade or J.T.C. or B.T.C. grade, as the case may be;
(ii) in relation to institutions imparting instructions to women, the expression 'District Inspector of Schools' shall mean the 'Regional Inspectress of Girls Schools';
(iii) 'short term vacancy' means a vacancy which is not substantive and is of a limited duration."
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of Difficulties Order is mandatory and if the said procedure is not observed strictly, the appointment, if any, shall be void ab initio and would not confer any right upon the incumbent either to hold the post or to claim salary. This decision was reiterated and followed in Shesh Mani Shukla Vs. D.I.O.S., Deoria & others, J.T. 2009 (10) S.C. 309 . A Five Judges Bench of this Court very recently has also taken similar view in Jahaj Pal vs. District Inspector of Schools and others, 2019(3) ADJ 424.
Order Date :- 18.11.2019 AK
2 issues framed by the court
Whether appointment of teacher in short term vacancy is valid when mandatory procedure under Removal of Difficulties Order was not followed
Whether lack of compliance with mandatory procedure renders appointment void ab initio
Colour shows how this judgement treated each authority
Prabhat Kumar Sharma & others Vs. State of U.P. & othersRelied on¶25
Prabhat Kumar Sharma & others Vs. State of U.P. & others, A.I.R. 1996 SC 2638 · Who else cites this
Shesh Mani Shukla Vs. D.I.O.S., Deoria & othersRelied on¶27
Shesh Mani Shukla Vs. D.I.O.S., Deoria & others, J.T. 2009 (10) S.C. 309 · Who else cites this
Jahaj Pal vs. District Inspector of Schools and othersRelied on¶27
Jahaj Pal vs. District Inspector of Schools and others, 2019(3) ADJ 424
Union of India and another vs. Raghuwar Pal SinghRelied on¶28
Union of India and another vs. Raghuwar Pal Singh, 2018(15) SCC 463 · Who else cites this
3 provisions across 3 enactments
Ramesh Singh
District Inspector of Schools
Sudhir Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
