Court No. - 24 Case :- SERVICE SINGLE No. - 7910 of 2009 Petitioner :- Sanjay Kumar Verma S/O Shri Ram Chandra Verma Respondent :- State Of U.P.Thorugh The Secretary Secondary Education & Ors Petitioner Counsel :- Vinod Kumar Singh Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the petitioner and learned Standing
Counsel.
Petitioner, who is working as Assistant Teacher L.T. Grade (Social
Science) on short term ad hoc basis in Janta Inter College,
Badosarai, Barabanki, has not been paid regular salary by the
District Inspector of School on the ground that Committee of
Management does not any authority to make appointments on the
post of Teacher without recommendation of the Selection Board
and as such, the petitioner has preferred the instant writ petition.
Learned Counsel for the petitioner submits that recently, in Daya
Shanker Misra Versus District Inspector of Schools and
others passed in Civil Misc. Writ Petition No. 20843 of 2002,
decided on 31.3.2010, a Division Bench of this Court at Allahabad
has held that the Committee of Management has the power to
make ad hoc appointments on short term vacancies under the
provisions of Uttar Pradesh Intermediate Education Act 1921 and
the Regulations framed thereunder and as such, interest of justice
would suffice, if the District Inspector of School, Faizabad, is
directed to re-consider the petitioner’s case in the light of the
judgment of Daya Shanker Misra (supra), expeditiously, to which
learned Standing Counsel has no objection.
In view of the above, the writ petition is disposed of finally with a
direction to the District Inspector of School, Barabanki, to look into
the matter and re-consider the petitioner’s claim in the light of the
judgment of Daya Shanker Misra (supra), expeditiously, say,
within a period of six months from the date of receipt of a certified
copy of this order.
Order Date :- 9.8.2010
Ajit/-