Court No. - 18
Case :- WRIT - A No. - 8687 of 2018 Petitioner :- Ashutosh Kumar Singh And Another Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- R. K. Singh Kaosik Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri R.R. Singh Kaosik, learned counsel for the petitioners and learned Additional Chief Standing Counsel for the respondents no. 1 and 2. Notice need not be issued to the respondent no.3 in view of the order being passed herein.
The petitioners are before this Court with request to issue direction to the second respondent, District Inspector of Schools, Jaunpur to grant financial approval to their appointment on the post of Assistant Teacher in Samajvadi Inter College Gabhiran, Jaunpur and to release their monthly salary as and when it falls due.
At the very outset, learned counsel for the petitioner has placed reliance on the Division Bench judgement of this Court in Daya Shanker Mishra vs. District Inspector of Schools and others 2011 (1) ESC 221 (All) (DB). The aforesaid Larger Bench was constituted in terms of the order of learned Single Judge dated 7.7.2006, wherein he had formulated following two questions to be decided by a Larger Bench:-
"(i) Whether after rescission of U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 with effect from 25.1.1999, the Committee of Management can make temporary / ad hoc appointment on short term vacancies resorting to its power given under Chapter-II, Regulation 9 and Section 16-E(11) of the U.P. Intermediate Education Act, 1921 despite the provisions of Section 16(1) of the U.P. Secondary Education (Services Selection Boards) Act, 1982?
(ii) Whether the judgment of learned Single Judge in Rakesh Chandra Misra Vs. State of U.P. and others; (2004) 3 UPLBEC 2671, lays down correct law?"
The aforesaid questions were answered by the Division Bench of this Court in paragraph-36 of the aforesaid judgement, which reads as under:-
"36. In view of the discussions made above, in our considered opinion the management has the power to make ad hoc appointments on short term vacancies under the provisions of 1921 Act and the Regulations framed thereunder and the judgment in the case of Rakesh Chandra Misra (supra) lays down the correct law.
Both the questions are thus answered in the affirmative."
Learned counsel for the petitioner in support of his submission has also placed reliance on the order of this Court dated 1.10.2015 passed in Writ A No.54009 of 2015 (Ram Ji Dwivedi vs. State of UP and 3 others), which was disposed of by this Court, relying upon the Full Bench judgement of this Court dated 22.7.2015 in Special Appeal Defective No. 215 of 2015 (Santosh Kumar Singh Vs. State of U.P. & others). He submits that in the Full Bench decision the question was formulated "whether under Section 16-E of the Intermediate Education Act, 1921, there is a power with the Committee of Management to make ad-hoc appointment against short term vacancies and if so then for what period". The same has been answered by the Full Bench with the following observations:-
"(c) Under Section 16-E of the Intermediate Education Act, 1921, the Committee of Management is empowered to make an appointment against a temporary vacancy caused by the grant of leave to an incumbent for a period not exceeding six months or in the case of death, termination or otherwise, of an incumbent occurring during an educational session. An appointment made under sub-section (11) of Section 16-E as provided in the proviso thereto shall, in any case, not continue beyond the end of educational session during which the appointment was made."
Learned Additional Chief Standing Counsel does not dispute the aforesaid factual and legal aspect of the matter.
In view of above, this writ petition is disposed of finally with a direction to the District Inspector of Schools, Jaunpur to look into the grievance of the petitioners and pass appropriate orders in light of the decision of the Full Bench in the case of Santosh Kumar Singh (supra) as expeditiously as possible preferably within a period of three weeks from the date of production of a certified copy of this order.
Order Date :- 28.3.2018 RKP