Hon’ble Pankaj Mithal, J.—The short question involved in this writ petition is :

Whether a short term vacancy of the post of Assistant Teacher L.T. grade at the institution is required to be notified under law to the U.P. Secondary Education Services Selection Board, Allahabad ?

2. Shree Kedar Nath Saksaria Arya Kanya Inter College Belanganj, Agra is a recognized institution receiving grant in aid from the State Government. In the said institution Smt. Indrawati Gupta, lecturer Hindi, retired on 30.6.1999.

3. Thus, causing a substantive vacancy. On the said vacancy Smt. Sheela Verma, Assistant Teacher L.T. grade was given adhoc appointment by promotion which was approved by the Regional Deputy Director of Education Agra on 24.1.1995. On account of above ad hoc promotion of Smt. Sheela Verma, a short-term vacancy of the post of Assistant Teacher LT grade fell vacant at the institution. The promotion accorded to Smt. Sheela Verma as lecturer was not substantive in nature. It is said that the Committee of Management intimated the aforesaid short term vacancy to the DIOS. Thereafter the said short-term vacancy of the post of Assistant Teacher L.T. grade was advertised in the two daily newspapers ‘Desh Ratan’ dated 9.7.1996 and ‘Dainik Sainik’ dated 11.6.1996. In pursuance to the aforesaid advertisement several candidates applied and 15 candidates appeared for interview before the Selection Committee on 3.8.1996. In the said selection after interview the petitioner was selected and he was given appointment by the Committee of Management on 8.8.1996. The papers relating to the appointment of the petitioner were submitted by the Committee of Management to the Deputy Inspector of Schools for approval on 26.7.1997 but the Regional Deputy Director of education vide order dated 16/19.8.1997 refused to accord the approval. Accordingly, the petitioner filed writ petition No. 403245 of 1998 challenging the above order of disapproval. The said writ petition was disposed of by the High Court vide order dated 5.1.1999 on the ground of alternative remedy of representation/appeal before the Director of Education (Secondary) under the provisions of U.P. Secondary Education Services Commission (Removal of Difficulties) (Fourth) Order, 1982. Thereafter the petitioner made an appeal/representation before the Director and the same was rejected on 18.11.1999 on the following four points :

(1) At the time of petitioner’s appointment there was a ban in making appointment by the Committee of Management.

(2) The short term vacancy was not properly published in the widely circulated newspapers.

(3) The reservation policy was not followed in making the appointment on the short term vacancy.

(4) The documents for financial approval were submitted late i.e. after one year of the appointment.

4. This order of the Director was challenged by the petitioner by filing yet another Writ Petition No. 52561/99, Smt. Nirja Sharma v. Director of Education (Madhyamik) U.P. Lucknow and others. The said writ petition was allowed vide judgment and order dated 23rd March, 2004 and the Court held that there was no ban on appointments at the time of the petitioner’s appointment, the appointment of the petitioner cannot be held to be illegal on the ground that it was not advertised in the widely circulated newspapers as proper advertisement was made in two local newspapers, reservation was not applicable for making any appointment on short-term vacancy and that undisputedly the petitioner’s appointment was made to the short-term vacancy. Therefore the order of the Director dated 18.11.1999 was quashed and the direction was issued to consider the case of the petitioner for grant of approval/financial sanction from the date of his appointment and for payment of salary. This judgment of the High Court is reported in 2004 (2) ESC 1226. Thereafter, the matter was again placed before the DIOS, who has now passed the impugned order dated 17.5.2005 refusing to accord approval/f