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Praveen Kumar Sharma v. Distt. Basic Education Officer, Saharanpur & Others - WRIT - A No. 31038 of 1996  RD-AH 11720 (18 July 2006)
Court No. 27
Civil Misc. Writ Petition No. 31038 of 1996
Praveen Kumar Sharma ........................................... Petitioner
District Basic Education Officer
& others ...................................... Respondents
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner.
By this writ petition the petitioner has prayed for a writ of mandamus commanding the respondents no. 1 and 2 to get the petitioner joined in the Institution and to issue formal order of approval by the respondent no. 1. A mandamus has also been sought directing the respondents No. 1 and 2 to complete all the formalities in respect to appointment of the petitioner as an Assistant Teacher.
The petitioner's case in the writ petition is that he was selected by the Selection Committee for appointment as Assistant Teacher. On 15th July, 1996 the records of which was communicated to the Basic Shiksha Adhiakri for approval but the Basic Shiksha Adhiakri did not approve the appointment . Complaint was filed before the District Magistrate who called for selection proceedings. It was stated in the writ petition that the Management is taking another interview for ousting the petitioner from being appointed as Assistant Teacher. It was further stated in the writ petition that the District Magistrate has called for the report. It was submitted that the appointment of the petitioner was valid appointment. Reliance was placed on rule 10 (5) (iii) of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers ) Rules,1978 for claiming that the approval shall be deemed since nothing was communicated within one month from the receipt of the papers which papers were received on 15.7.1996.
Sri S.P. Singh, learned counsel for the petitioner submitted that the letter of nominee of Basic Shiksha Adhikari dated 27.7.1996 for the first time has come on record along with the counter affidavit in which he stated that all formalities were completed including giving of marks before he reached the venue of interview, the Expert had not signed the proceedings. Sri S.P. Singh, learned counsel for the petitioner further submitted that no decision having been communicated to the petitioner the approval shall be deemed to have taken place in accordance with rule 10 of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers ) Rules,1978 .
I have considered the submissions and perused the record.
There is no dispute that the papers were submitted to the Basic Shiksha Adhiakri seeking approval for selection to the post of Assistant Teacher in a recognized Junior High School . The petitioner claimed to have selected on 15.7.1996. The proceedings of selection including the interview sheet has been filed as Annexure -3B to the writ petition from whcih it appears that the said sheet has been signed only by the Principal and the Manager of the Institution. The report of the selection/interview does not contain the signatures of the nominee of Basic Shiksha Adhikari who was one of the member of Selection Committee. In the counter affidavit filed by the Principal the letter of the Basic Shiksha Adhiakri dated 27.7.1996 has been brought on record. The Basic Shiksha Adhiakri after receiving the letter dated 15.7.1996 immediately returned back the papers in original raising seven objections as mentioned in the letter. The very first objection in the letter was that on the select list signatures of the nominee of the Basic Shiksha Adhiakri who was member of the Selection Committee are not there hence the entire selection is erroneous. Certain other objections were also raised.
From the papers of the selection which has been filed along with the writ petition it is amply clear that the proceedings of selection including the interview/ selection sheet does not contain the signatures of nominee of the Basic Shiksha Adhiakri. The objection to the above fact that the selection has been done without there being participation and signatures of the nominee was raised at the very first instance in his letter dated 27.7.1996. The submission of the learned counsel for the petitioner that for the first time the petitioner came to know about such objection is incorrect.
Now coming to the second submission of the counsel for the petitioner, suffice it to say that the letter of the Basic Shiksha Adhiakri dated 27.7.1996 was issued within a period of less than two weeks from the date of receipt of the papers of selection. Rule 10 (5)(iii) of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers ) Rules,1978 are not attracted . The relevant rule 10(5)(iii) is quoted below :-
" 10 (5) (iii) If the District Basic Education officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded approval to the recommendations made by the Selection Committee."
In the present case the District Basic Education officer has returned the original papers raising various objections with regard to selection which objections were expressly mentioned in the letter dated 27.7.1996 and the original papers were returned back for getting the selection made after participation of the nominee. The selection of the petitioner cannot be deemed to have been approved. The District Basic Education officer had raised the said objections within one month from the date of receipt of the letter. No case is made out for issuing a writ of mandamus directing the respondents to permit the petitioner to join in the institution as Assistant Teacher L.T. Grade. There being no participation of the Expert /nominee of the District Basic Shiksha Adhiakri , the whole selection was erroneous and has rightly not been approved by the District Basic Shiksha Adhiakri. No case has been made out for granting any relief to the petitioner in this writ petition.
The writ petition lacks merit and is dismissed.
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