Court No. - 18 Case :- WRIT - A No. - 40505 of 2010 Petitioner :- C/M Momeen Higher Secondary School And Another Respondent :- Joint Director Of Education And Others Petitioner Counsel :- Sujeet Kumar Respondent Counsel :- C. S. C.,Anil Bhushan Hon'ble Arun Tandon,J.
Committee of Management of the Institute has filed this
petition.
The original records have been produced by the Basic
Shiksha Adhikari, under orders of the Court, today.
The Court is surprised by the manner in which the Basic
Shiksha Adhikari has proceeded to approve the appointment
on the document which have been forwarded to him by the
Prabandh Sanchalak of the institution for suggesting
appointment of an Assistant Teacher in the institution.
From the records this Court finds that the advertisement
which has been published for the purposes is in teeth of the
statutory Rule 7 of the U.P Recognized Basic Schools
(Junior High Schools) (Recruitment and Conditions of
Service of Teachers) Rules, 1978 (herein after referred to as
Rules, 1978 for two reasons :
a. There is no Advertisement in any State level newspaper.
b. The essential qualification required to be published under
Rule 7(2) of the aforesaid Rules, 1978 have not been so
disclosed in the Advertisement.
This Court further finds that the election of the Committee of
Management took place on 26.11.2009 which were approved
on 27.11.2009 by the District Inspector of Schools.
Despite the aforesaid, the Joint Director of Education,
Moradabad passed an order on 21.01.2010 that the Principal
of the Government Inter College shall continue as the
Authorized Controller of the institution. This order was
subjected to challenge by means of Civil Misc. Writ Petition
No. 5288 of 2010.
Notice were accepted on behalf of respondents no. 1 to 3 by
the learned Standing Counsel. Shri M.A. Khan, Advocate had
put in appearance on behalf of respondents no. 4 and 6. Shri
Anil Bhushan, Advocate had put in appearance on behalf of
respondent no. 5. In the presence of the counsels
representing all the respondents in the writ petition, an interim
order was passed on 08.02.2010 staying the operation of the
order dated 21.01.2010, meaning thereby the continuance of
the Principal, Government Inter College as Authorized
Controller was stayed by this Court. Yet on the basis of illegal
Advertisement published, a set of papers have been
prepared with the signatures of the nominee of the Basic
Shiksha Adhikari for suggesting selection of respondent no. 5
as Assistant Teacher. This appointment has been approved
by the Basic Shiksha Adhikari under the impugned order.
This Court has no hesitation to record that prima facie the
collusion between the Prabandh Sanchalak and the Basic
Shiksha Adhikari in the matter of appointment of Respondent
no. 5 cannot be ruled out. However final opinion shall be
expressed only after an opportunity is provided to the
respondents to file their counter affidavit.
Till the next date of listing, payment of salary shall be made
to respondent no. 5 in following manner: Half from the salary
of the Basic Shiksha Adhikari and remaining half from the
salary of the Authorized Controller.
List on 10.08.2010.
All the respondents may file counter affidavit by the next date
fixed.
A copy of the order may be forwarded to the Director of
Education (Basic) who may hold an enquiry into the conduct
of the Authorized Controller and the Basic Shiksha Adhikari in
the matter and submit his report by the next date fixed.
A copy of the order may be issued to the learned Standing
Counsel by 29.07.2010.
Dated : 22.07.2010
VR/40505/10