Shri Narayan Shukla, J.
1. Heard Mr. Sharad Kumar Srivastava, learned Counsel for the petitioner and learned Standing Counsel for opposite party No. 1
2. List has been revised. Case is called out. None appears for opposite parties 2 and 3.
3. The petitioner has assailed the order dated 2.7.1990 passed by the District Inspector of Schools, Sitapur, whereby the approval of the petitioner''s appointment on the post of Assistant Teacher (Urdu) in L.T. Grade has been cancelled and he has further prayed for issuing a writ of mandamus commanding the opposite parties to allow the petitioner as Teacher (Urdu) in L.T. Grade with all consequential benefits on the ground mat the petitioner was duly appointed as Assistant Teacher (Urdu) in L.T. Grade in Municipal Board Inter College, Sitapur opposite party No. 2, and once the approval is accorded by the District Inspector of Schools, he has no power to cancel the same and also to review its earlier order and the order impugned has been passed without providing opportunity of hearing to the petitioner.
4. Briefly, relevant facts of the case are that in the college in question, a post of Assistant Teacher (Urdu) in L.T. Grade had fallen vacant. The vacancy occurred due to promotion of earlier incumbent as Lecturer. The said post was advertised and in pursuance thereof, the petitioner submitted his application. The selection proceedings took place on 26.3.1990, in which the petitioner was selected for the post of Assistant Teacher (Urdu) in L.T. Grade. The recommendation of the selection was forwarded to the District Inspector of Schools, Sitapur I.e. opposite party No. 1 for approval of appointment of the petitioner, who approved the same vide order dated 1.6.1990, copy of which is on record as Annexure No. 2 to the Writ Petition. In pursuance thereof, the petitioner submitted his joining on 2.7.1990, who was allowed by the Manager of the college in question on 3.7.1990. After joining the petitioner started working and he continued till the date of cancellation of approval.
5. The petitioner further submits that when he preferred the present writ petition against the order of cancellation of approval, this Court stayed the order of cancellation of approval. In the meantime, Section 33(B) was added in U.P. Secondary Service Selection Board Act, 1982 (hereinafter referred to as the Act), in light of which, the petitioner claims that he is eligible for regularization on the post as till date no other selected candidate by the Board has come to join to the post in question. He further submits that since last 16 years he is teaching in the college in question, accordingly, he is entitled to the protection of Section 33(B) (I) (a) (iii) of the said Act.
6. Counter affidavit has been filed on behalf of opposite parties 2 and 3 through which it has been submitted that the petitioner was appointed in contravention of the provisions of the U.P. Intermediate Education Act as the erstwhile Manager of the college was replaced by the Chairman of Municipal Board in the year 1990. It has further been submitted that there was no such record of selection is available with the respondents to prove that the selection took place on 26.3.1990, in which the petitioner was selected as Assistant Teacher (Urdu) in L.T. Grade. It has also been submitted that erstwhile Manager of the college in question is responsible for making illegal selection of the petitioner.
7. The petitioner submits that the vacancy of Assistant Teacher (Urdu) in L.T Grade had fallen vacant due to promotion of Shri Hashmat Sabbir Jafri to the post of Urdu Lecturer, who has been confirmed on that post on 2.5.1995. Considering the facts and circumstances of the case, the appointment was issued in favour of the petitioner on 1.6.1990 to join him in L.T. Grade in place of Shri Hashmat Sabbir Jafri, who was promoted on the post of Lecturer (Urdu) on ad hoc basis. Now he has been confirmed on the said post on 7.8.1993. Accordingly from that date, the post of Assistant Teacher (Urdu) in L.T. Grade has fallen vacant substantively.
8. Though from the pleading of the record it is not apparent as to whether the selection of the petitioner for the post of Assistant Teacher (Urdu) in L.T. Grade took place or not but the appointment order as well as approval granted by the District Inspector of Schools, Sitapur for appointment of the petitioner are on record. The opposite parties are also not sure that the record of selection of the petitioner is available with them or not after supercession of the Selection Committee of Management, on account of which the petitioner can not be allowed to work.
9. Accordingly, the writ petition is allowed. A writ of mandamus is issued commanding the opposite parties to consider the case of the petitioner for regularization on the post of Urdu Teacher L.T. Grade in accordance with relevant Act and Rules. It is also provided that the opposite parties can verify the eligibility of the petitioner for appointment on the post of Assistant Teacher (Urdu) in L.T. Grade as no record of selection of the petitioner is available with them and if the opposite parties find that the petitioner was holding the eligibility on the post of Assistant Teacher (Urdu) in L.T. Grade on the date of his appointment, they will proceed to consider the petitioner''s regularization on the said post. The opposite parties shall complete the exercise within a period of three moths from the date of production of a certified copy of this order. Petition allowed.
