Allahabad High Court
C/M Sri Amar Nath Intermediate ... vs State Of U P And 3 Others on 10 December, 2018
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 58
Case :- WRIT - A No. - 25964 of 2018
Petitioner :- C/M Sri Amar Nath Intermediate College, Ballia, And Another
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Rajesh Kumar Singh,Devendra Pratap Singh
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed for direction upon the respondents to take appropriate decision regarding grant of approval to the selections made by the Committee of Management, which have been duly intimated to the authorities concerned on 23.7.2018. The communication dated 23.7.2018 states that as against 13 sanctioned posts, only three teachers are available and ten posts are lying vacant and the U.P. Secondary Education Service Selection Board has failed to provide selected candidates despite requisition sent to it to fill substantive vacancy, as such, petitioner Committee of Management had no option left but to make appointment after advertisement etc. at its own level.
Learned counsel for the petitioner submits that the power to appoint teachers is invoked by the Committee of Management with regard to Section 16-E (11) of the 'U.P. Intermediate Education Act, 1921'.
Petition is opposed by the learned Standing Counsel.
So far as the power of committee of management to appoint teachers at its own level is concerned, against substantive vacancy, the issue has been examined by this Court in Writ Petition No.9003 of 2018 and in view of the prohibition contained in Section 16 (2) of the 'U.P. Secondary Education Service Selection Board Act, 1982' this Court has held that the Committee of Management shall have no right to make appointment against the substantive vacancy.
However, the Committee of Management would be justified in requiring the State to make necessary arrangements for ensuring that teaching work in the institution is not adversely affected.
Learned Standing Counsel submits that State Government has already issued a Government Order dated 26.10.2017, whereby, a provision has been made to appoint retired teachers from the pool of teachers created at the district level by the District Inspector of Schools. It is submitted that in case petitioner committee informs such facts to the Inspector concerned, he shall do the needful in terms of the Government Order to ensure that the teaching work in the Institution is not adversely affected, by treating it to be unforeseen vacancy.
So far as the right of the Committee of Management to appoint teachers against substantive vacancies is concerned, which stands notified to the Board, the express bar contained under Section 16 (2) of the Act of 1982 would come into existence. Section 16(2) of the Act of 1982 reads as Under:-
"(2). Any appointment made in contravention of the provisions of sub section (1) shall be void".
The Committee of Management, therefore, would have no right to appoint a teacher against substantive vacancy notified to the Board, therefore, no direction can be issued to consider grant of financial approval to such appointment. However, the situation existing in the institution, as is alleged, would have to be addressed. Once it is found that only three teachers are available as against the sanctioned vacancies of 13 teachers, the State authorities would have to ensure that suitable number of teachers are made available so long as the regularly selected teachers are not sent by the Board. It is, therefore, provided that petitioner committee of management shall intimate its requirement of teachers forthwith to respondent no. 4, alongwith details of exigencies alongwith certified copy of this order within a period of 10 days from the date of presentation of certified copy of this order. The District Inspector of Schools, Ballia shall ensure that the appropriate arrangements are made for providing requisite number of teaching staff to the Institution in light of the Government Orders dated 26.10.2017 and 30.10.2017, within a further period of four weeks thereafter. The respondents shall also ensure that regular recruitment is expedited by the competent authority i.e. Board, and that the substantive vacancies are filled, in accordance with law, at the earliest possible, preferably before the start of the next academic session.
With the aforesaid observations, writ petition stands disposed of.
Order Date :- 10.12.2018
n.u.
