High Court of Judicature at Allahabad
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Sanjay Kumar Agrahari v. State Of U.P. And Others - WRIT - A No. 16616 of 2006  RD-AH 7142 (3 April 2006)
Hon. Tarun Agarwala,J.
The petitioner is a selected candidate on the post of T.G.T.(Sanskrit) in L.T. Grade and was sent to joint at Shukhpur Inter College, Ballia. The District Inspector of Schools by letter dated 7.3.2006 has informed the Selection Board that no post of T.G.T.Grade Teacher in Sanskrit is vacant in the said educational institution.
Sri A.K.Yadav, the learned counsel for the Selection Board has submitted, on the instructions received from the Selection Board, that the vacancy was notified by the Management as verified by the District Inspector of Schools on 5th December, 2003 and, therefore, the Selection Board had rightly sent the recommendation to that institution for appointment of the petitioner on the post of Sanskrit.
In my view, the petitioner should approach the Director of Education under Section 17 of the U.P. Secondary Education (Service Selection Board) Act, 1982, if an application is made, the Director of Education will hold an inquiry as contemplated under Section 17 of the Act and ensure upon the appointment of the petitioner in the institution concerned, if it found that there is a vacancy in the institution. If the Director comes to the conclusion that the vacancy has been validly filled up and that there is no vacancy, in that eventuality, the Director will intimate the Selection Board and in such an eventuality the Selection Board will allocate another institution to the petitioner. This exercise shall be completed by the Director within four weeks from the date of presentation of a certified copy of this order and if intimation is sent by the Director to the Selection Board, the Selection Board will pass an order within two weeks from the date of communication of the order by the Director.
The writ petition is disposed of.
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