Advocates:
['GOKARAN SINGH', '', 'VISHAKHA PANDE', 'RAKESH PANDE Senior Adv', 'C S C', '', 'PRADEEP KUMAR PANDEY']

Court No. - 36

Case :- WRIT - A No. - 5537 of 2021

Petitioner :- Awadhesh Kumar Singh and another

Respondent :- State of U.P. and 4 others

Counsel for Petitioner :- Gokaran Singh,Rakesh Pande (Senior

Adv.),Vishakha Pande

Counsel for Respondent :- C.S.C.,Pradeep Kumar Pandey

Hon'ble Mahesh Chandra Tripathi,J.

1. Heard Shri Rakesh Pande, learned Senior Advocate assisted

by Ms. Vishakha Pande for the petitioners, learned Additional

Chief Standing Counsel for the State respondent nos.1 to 3 and

Shri Pradeep Kumar Pandey, Advocate for the respondent nos.

4 and 5.

2. Present writ petition is preferred by the petitioners seeking

following principal reliefs:-

"I. Issue a writ, order or direction in the nature of certiorari quashing the

impugned order dated 03.3.2021 passed by the Joint Director of

Education, Basti Region, Basti.

II. Issue a writ, order or direction in the nature of mandamus directing the

respondents to treat the petitioners to be substantively appointed and

regularized teachers under Section 33 (C) (a) (1) of the Act."

3. It appears from the record that 'Kishan Inter College,

Bhanpur, Basti' is a recognized institution and receiving grant-

in-aid from the State Government. The provisions of U.P. High

School and Intermediate Colleges (Payment of Salaries of

Teachers and Other Employees) Act, 1971 as well as provisions

of Act No.5 of 1982 are applicant to the institution in question.

In the said institution, one permanent L.T. Grade teacher

namely Sri Daya Ram died on 04.11.1990. Similarly, another

vacancy occurred in the year 1991 on account of death of Sri

Jay Prakash Mishra, a permanent teacher in L.T. Grade.

Consequently, the Committee of Management notified these

vacancies to U.P. Secondary Education Service Commission,

Allahabad in the years 1991 and 1992 respectively but no

regular selection was made on the aforesaid vacancies within 60

days. Consequently, the Committee of Management of the

institution decided to make adhoc appointment on the said posts

under Section 18 of the Act No.5 of 1982 till regularly selected

candidates come and join on the posts. In pursuance of the

advertisement published by the Committee of Management of

the institution, the petitioners, who were possessing the

requisite qualifications for being appointed as L.T. Grade

teachers, applied for the same. The Selection Committee found

the petitioners most suitable on the basis of quality point marks

obtained in the interview and selected them for being appointed

as ad-hoc L.T. Grade teachers in the institutions. The

Committee of Management vide its resolution dated 26.7.1992

accepted the recommendation of the Selection Committee and

decided to appoint them on the said post on adhoc basis till

regularly selected candidates come and join on the said posts. In

compliance of the appointment letter dated 27.7.1992, the

petitioners joined the posts on 28.7.1992. The relevant papers

were sent to the District Inspector of Schools, Basti for

according financial sanction/approval to the appointment of the

petitioners and for payment of their salaries. Thereafter, the

District Inspector of Schools, Basti issued an advertisement

dated 7.8.1992 for filling of the aforesaid vacancies. Aggrieved

with the aforesaid advertisement, the petitioners had earlier

preferred Civil Misc. Writ Petition No.41605 of 1992

(Awadhesh Kumar Singh and another vs. State of UP and ors)

seeking following reliefs:-

"a. Issue a writ, rule, order or direction in the nature of certiorari quashing

the advertisement dated 7th August, 1992 in respect to the vacancies of the

institution.

b. Issue a writ, rule, order or direction in the nature of mandamus

commanding the respondents not to make any selection and appointment

for the vacancies of the institution occupied by the petitioners in pursuance

of the advertisement dated 07.8.1992 or any subsequent advertisement.

c. Is