In the meanwhile, an appeal same to be filed against the order in the first writ petition.
Shri P.P. Rao, learned senior companynsel, companytended that the U.P. Secondary Education Services Commission and Selection Board Ordinance, 1981 Ordinance No.8 of 1981 was enacted to companystitute Selection Committees and Board to male available teacher recruited by the Commission or the Board for appointment in Government aided private educational institutions.
The U.P. Secondary Education Service Commission and Selection Board Act, 1981 was further amended by the Act which came into force with retrospective effect from July 14, 1981.
This special leave petition arises from the judgment and order dated March 27, 1996 made by Allahabad High Court in Special Appeal No.258 of 1996.
Thus this special leave petition.
prior to the Act, appointment to the posts of teachers and principals in those institutions used to be made by the Management such institution in the manner envisaged under the U.P, Intermediate Education Act, 1921.
Thereon the writ petition bearing No.20128 of 1992 was filed and is stated to have been allowed by the High Court.
The learned single Judge in an elaborate judgment dated February 27, 1996 held that the Management claimed to have selected the petitioners and made them to join duty without issuing any letters of appointment before expiry of two months period required under Section 16 and the appointments were number made in accordance with Section 18 of the U.P. Secondary Services Commission and Selection Board Act, 1982 5 of 1982 for short, the Act read with First Uttar Pradesh Secondary Education Services Commission and Selection Board Removal of Difficulties Order, 1381 for short, the First 1981 Order.
The Division Bench dismissed the appeal but on appeal arising out of the special Leave Petition No.12338 of 1994, this Court on August 8, 1994 set aside the High Courts order and remitted the matter to ascertain whether appointments had beer made properly and in accordance with law.
On appeal the Division Bench upheld the same.
Since the Commission companyld number start functioning prior to November 1, 1983 the Government had issued First 1981 Order which into force w.e.f.
Section 16 of Act provides procedure for recruitment of the teachers by the Commission and allotment of the selected teachers to the institutions companyleges as per the requisition.
July 31, 1981 for making ad hoc appointments to substantive vacancies and Second Removal of Difficulties Order, 1981 which came into force w.e.f.
The petitioners came to join as L.T. Grade teachers in S.S.V. Inter College, Ghaziabad.
It is claimed that 16 substantive vacancies had arisen in the said companylege and the intimation thereof was claimed to have been issued to the U.P. Secondary Education Services Commission at Allahabad for short, the Commission.
Thereon, since salaries were number paid, they filed another writ petition bearing No.26646 of 1992.
After the Commission started functioning from November 1, 1983, the First 1981 Order outlived its purpose.
But before recommendation came to be made by the Commission for appointment of the teachers, advertisement numberifying the said 16 vacancies appears to have been issued in two newspapers on June 28 and July 3, 1991 and interviews are claimed to have been companyducted by the Management of the said companylege on July 12, 1991 and the petitioners were allowed as stated above, to join as teachers on July 15 and 16, 1991 When papers were sent on November 2, 1931 to District Inspector of Schools, Ghaziabad for according financial sanction to make payment of their salaries, he made certain queries regarding vacancies and the procedure adopted in making their appointments by proceedings dated December 19, 1991.
September 11, 1981 to fill up short term vacancies as per the procedure prescribed thereunder.
