Supreme Court - Daily Orders
Bansh Raj Maurya vs Dist.Inspector Of School, Varanasi ... on 27 August, 2014
Bench: Dipak Misra, Abhay Manohar Sapre
1
ITEM NO.105 COURT NO.7 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 2439/2006
BANSH RAJ MAURYA Appellant(s)
VERSUS
DIST.INSPECTOR OF SCHOOL, VARANASI &ANR. Respondent(s)
(with office report)
Date : 27/08/2014 This appeal was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Appellant(s) Mr. Alok Tripathi, Adv.
Mr. Jagdish Kumar Chawla, Adv.
For Respondent(s) Mr. M. R. Shamshad, Adv.
Mr. Vivek Vishnoi, Adv.
Mr. Gaurav Srivastava, Adv.
Mr. Praveen Swarup, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Alok Tripathi, learned counsel for the appellant and Mr. Shamshad, learned counsel for the State in part.
In course of hearing, learned counsel for the appellant has invited our attention to a Full Bench decision in Radha Raizada Vs. C.O.M., Vidyawati Darbari Signature Not Verified Digitally signed by Girls Inter College (1994) All.L.J. 1077. In the said Naveen Kumar Date: 2014.08.30 10:53:01 IST Reason: case, in paragraph 46, Section 18 of the U.P. Secondary Education Services Commission and Selection Board Act, which has been amended by U.P. Act No. 24 of 1992 has been 2 referred to. Sub-Section 9 of Section 18 reads as follows:
(9) (a) For each district, there shall be a Selection Committee for selection of candidates for ad hoc appointment by direct recruitment comprising
(i) District Inspector of Schools, who shall be the Chairman;
(ii) Basis Shiksha Adhikari;
(iii)District Inspectress of Girl's Schools and where there is no such Inspectress, the Principal of the government Girls' Intermediate College and where there are more than one such college, the seniormost Principal of such Colleges and where there is no such college, the Principal of the Government Girls' Intermediate College as nominated by the State Government.
(b) The Selection Committee constituted under clause (a) shall make selection of the candidates, prepare a list of the selected candidates, allocate them to the institutions and recommend their names to the Management for appointment under sub-section (2).
(c) The criteria and procedure for selection of candidates and the manner of preparation of list of selected candidates and their allocation to the institutions shall be such as may be prescribed.
It is not in dispute that the petitioner comes in the period of second stage of appointment. While dealing with the said appointment, the Full Bench has held thus, “ A perusal of this new section would show that it is substantially the same provision excepting the provision for constitution of Selection Committee for selection of candidate for ad hoc appointment in place of giving quality point marks as contained in the First Removal of Difficulties Order. In fact what was contained in the First Removal of difficulties Order has not been brought in the Act, by this amending Act. Thus, the method of ad hoc appointment by promotion of teacher remained the 3 same as it was during the period 14-7-1981 to 13-7-1992. The method of ad hoc appointment of Principal and Head Master in the institution also remains the same as it was in the period 14-7-1981 to 13-7-1992 (first period). Similarly, the provision in respect of appointment against the short term vacancy also remains the same as it was in 14-7-1981 to 13-7-1992. The only change that has been brought by the new Section 18 is in respect of method of ad hoc appointment by direct recruitment. Under sub-section (8) of Section 18 the District Inspector of Schools on receipt of initimation of vacancy or as the case may be after determining the vacancy in sub-section (7) is required to invite application from the person possessing qualification prescribed in the Intermediate Education Act or the regulations framed thereunder for ad hoc appointment to the post of teacher. Under sub-section (9) of Section 18 a Selection Committee is to be constituted for a selection of candidate for ad hoc appointment by direct recruitment comprising of District Inspector of Schools as Chairman, Basic Shiksha Adhikari and District Inspectress of Girls Schools. The Selection Committee so constituted is further required to make selection of the candidate and prepare a list of selected candidate and allocate them to the institution and recommend their name to the Management for appointment. This is in brief the procedure which is required to be undergone where the ad hoc appointment is to be made by the direct recruitment. If the ad hoc appointment by direct recruitment is made under sub-section (9) of Section 18, no further approval of the District Inspector of Schools for such appointment is required.” On a perusal of the record, we find the appellant was not appointed in accordance with the provisions engrafted under Sub-Section 9 of the Act. However, he has been appointed by the Managing Committee and has been working. Though he would have no right to hold the post, definitely the act of laxity by the State Government, we think the State Government should compensate him certain sum towards the salary, as a teacher in Mathematics was not there and the State Government did not take steps to fill up the 4 post.
Learned counsel for the State shall obtain instructions in respect of both the aspects within four weeks.
List on 14.10.2014.
(NAVEEN KUMAR) (RENUKA SADANA) COURT MASTER COURT MASTER