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Ram Dularey v. U.P.Secondary Education Service Commission Alld. & Others - WRIT - A No. 32235 of 1997 [2006] RD-AH 912 (13 January 2006)


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Court No. 34

Civil Misc. Writ Petition No. 32235 of 1997

Ram Dularey Vs. The Secondary Education Service Commission, Allahabad and others


Hon. Dilip Gupta, J.

The relief claimed in the present petition is that a direction be issued to the Committee of Management to issue appointment letter to the petitioner pursuant to the recommendations made by the Commission for appointment of the petitioner as LT Grade Teacher in the D.N. Inter College Tirwa, Farrukhabad (hereinafter referred to as the ''College').

The contention of Sri P.K. Jain, learned counsel for the petitioner is that on the basis of the advertisement issued by the U.P. Secondary Education Service Commission, the petitioner applied and was called for interview. The U.P. Secondary Education Service Commission by means of the order dated 5.8.1996 forwarded the name of the petitioner to the District Inspector of Schools who issued a letter to the College to give appointment to the petitioner as LT Grade Teacher in the College but the Management of the College did not permit the petitioner to join the College.

A perusal of Section 17 of the U.P. Secondary Education Service Commission Act, 1982 (hereinafter referred to as the ''Act') indicates that where any person is entitled to be appointed as a teacher in any institution in accordance with law, but he is not so appointed by the Management within the time provided, he may apply to the Director or any Officer authorised by him for a direction under sub-section (2). The Director or the officer authorised by him may hold an inquiry, and if he is satisfied that the Management has failed to appoint the applicant as a teacher, an order can be passed directing the Management to appoint the applicant as a teacher forthwith, and to pay him salary and the Head of the Institution concerned to take work from him as a teacher.

Learned counsel for the petitioner has stated that the petitioner has still not been appointed in the LT grade in the College or in any other College. He is, however, not in a position to state whether the vacancy on the post on which the name of the petitioner had been recommended for appointment has been filled or not. In any view of the matter this is a matter to be examined by the Director or any other officer authorised under Section 17 of the Act.

Learned Standing Counsel has stated that if the petitioner files an application before the Director ventilating all his grievances, his application shall be considered and disposed of expeditiously.

In such circumstances, the petitioner may apply to the Director or any other officer authorised by him under Section 17 of the Act and in case such an application is moved, the Director shall dispose of the application in accordance with law expeditiously preferably within a period of six weeks from the date a certified copy of this order is produced by the petitioner before the Director after giving opportunity of hearing to the Committee of Management of the College and/or any other teacher likely to be affected.

Subject to the aforesaid, the writ petition is disposed of.

The interim order, if any, stands vacated.

Dt/- 13.1.2006



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