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Brijesh Kumar v. State Of U.P. & Others - WRIT - A No. - 42164 of 2007 [2007] RD-AH 17328 (2 November 2007)

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Hon. Pankaj Mithal,J

Heard learned counsel for the petitioner and Sri Avinash Tripathi learned Standing counsel who appears for the respondents Nos. 1 to 4.

A substantive vacancy of lecturer of Physics fell vacant in the institution Hindu Inter College Mungra Badshahpur, Jaunpur on 30.6.2003. Accordingly, the Committee of Management of its own appointed the petitioner on the said post on 30.7.2004 and forwarded the papers to the District Inspector of Schools. When the papers were not approved by the District Inspector of Schools, the petitioner filed writ petition No. 24949 of 2007 which was disposed of vide order dated 5.5.2006 with the direction to the District Inspector of Schools to consider and decide the matter by a reasoned order. In pursuance thereof, the District Inspector of schools by the impugned order dated 22.8.2007 has held that the Committee of Management has no authority of law to make any appointment on a substantive vacancy and therefore has refused to approve the petitioner's appointment.

Admittedly, the petitioner is not a selected candidate by the U.P., Secondary Education Service Commission Selection Board, Allahabad. Therefore, the Committee of Management has no right to appoint him on a substantive post which had fallen vacant due to retirement of one Panchu Ram Gupta. The Committee of Management is only empowered to make ad hoc appointment on a short term vacancy.

Accordingly, I do not find any error in the impugned order of the Deputy Inspector of Schools. The petition lacks merit and is dismissed summarily.




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