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Narsingh Bahadur Singh v. State Of U.P. & Others - WRIT - A No. 16007 of 2007 [2007] RD-AH 5361 (26 March 2007)


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Court No.39

Civil Misc. Writ Petition No.16007 of 2007

Narsingh Bahadur Singh


State of U.P. and others

Hon'ble V.K. Shukla, J.

Petitioner has approached this Court for issuing a writ in the nature of mandamus commanding respondent No. 2, Director of Education (Secondary) to consider the claim of petitioner and absorb him as English Teacher in the College against substantive vacancy, which has fallen vacant due to death of permanent incumbent, Deoraj Singh.

Petitioner has contended that additional Section was opened at Chandrshekhar  Azad Inter College, Gaura, Mirzapur, which is duly recognized under the provisions of U.P. Intermediate Education Act, 1921. On account of opening of additional Section, need of teacher for English  subject as felt. Petitioner has contended that selection process was undertaken and appointment letter was issued to him on 01.07.1992, pursuant to which petitioner joined on 08.07.1992. Petitioner has given reference of Government Order dated 11.10.1999, wherein policy decision was taken in respect of appointment of expert teacher on consolidated pay. Petitioner has contended that he was performing and discharging duties and further it has been contended that he was provided special training course for the post of English Teacher. Petitioner has contended that on 24.10.2005 one post of teacher in English fell substantively vacant, against which his claim is liable to be considered in view of the provisions, which has been incorporated for the purposes of absorption of subject expert.

Factual position which emerges, in the present case, is to the effect that petitioner had been appointed without there being any sanctioned post after permission had been accorded for opening new additional section. Petitioner, at no point of time, had ever been selected as subject expert in pursuance of Government Order dated 11.10.1999. It may be true that petitioner had been appointed and has been teaching , but the same was purely private arrangement inter se management of the institution and the petitioner, and as far as  State authorities are concerned, they are not at all bound by the said interim arrangement made inter se parties.

Selection and appointment on the post of Principal, Lecturer and L.T. Grade teacher, in Government aided recognized institutions, is made strictly in consonance with the U.P.  Secondary Education Service Selection Board Act, 1982 and the Rules framed thereunder known as U.P. Secondary Education Service Selection Board Rules, 1998. Section 16 of the U.P. Secondary Education Service Selection Board Act, 1982 clearly mentions that no appointment shall be made except on the conditions mentioned therein. Petitioner had never been appointed as subject expert in consonance with the Government Order dated 11.10.1999, and coupled with this, at no point of time petitioner's appointment had been made in accordance with the provisions of Difficulties Order issued from time to time, as such, by no stretch of appointment, case and claim of petitioner is covered under Section 21-D of the U.P. Secondary Education Service Selection Board Act, 1982.

Consequently, writ petition, as has been framed and drawn, is dismissed.              




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