Tahseen Fatima vs D.I.O.S.Allahabad & Ors.

D.K. Seth, J.—Leave is granted to the learned Counsel for the petitioner to add Director of Education, Allahabad as respondent No. 5 in the cause title of the petitioner. He may amend the cause title during the course of the day.

It is alleged that the petitioner was selected by the U.P. Secondary Education Service Commission. Which is apparent from the letter contained in Annexure 1 to the writ petition. But the petitioner was not allowed to join the institution by the Management of the School. This writ petition has, therefore, been filed seeking the relief to the extent of dorection upon respondents to permit the petitioner to join the services and pay her salary.

It appears that respondents have been served and they have filed their counteraffidavit wherein it has been stated that there was no vacancy since all vacancies are filled up by promotion.

Whatever might be the situation, Section 17 of U.P. Secondary Education Services and Selection Board Act, 1982 provides as follows:

"17. Inquiry by Director.(1) Where any person is entitled to be appointed as a teacher in any institution in accordance with Chapter II, hut he is not so appointed by the management with in the time provided there for, he may apply to the Director or any Officer authorised by him for a direction under subsection (2).

(2) As far as may be with in one month from the date of receipt an application under subsection (1), the Director or the Officer authorised by him may hold an enquiry and if he is satisfied that the management has failed to appoint the applicant as a teacher, in contravention of the provision of this Act, he may, by order, direct

(a) The management to appoint applicant as a teacher forth with and to pay him salary from the date specified in the order; and

(b) The Head of the Institution concerned to take from him as a teacher.

(3) The amount of salary, if any, due to such teacher shall, on a certificate issued by the Director or the Officer authorised by him, be recoverable by the Collector as arrears of land revenue from the property belonging to or vested in the society or body running the institution."

Thus it appears that by reason of Section 17, in case, after selection a candidate is not allowed to join by the Management, he has a remedy by making an application before the Director who under subsection (2) of Section 17 is required to make an enquiry and take appropriate steps under subsection (2) and subsection (3) of Section 17. Thus, adequate provision has been made in order to grant the relief which the petitioner intends to obtain in the writ petition.

In such circumstances, the writ petition is disposed of by granting liberty to the petitioner to make an application under Section 17 (1) of the Act to the Director with in a period of four weeks from the date of receipt of certified copy of this order together with copy of this order. If such application is made by the petitioner, the Director, who is added as respondent No. 5. In this writ petition, shall decide the same in terms of Section 17 of the said Act with in the time stipulated there in. In case any requisition has been sent by the said school for such selection, in that event there is no ground for the school to refuse the petitioner from joining the said school. In case the petitioner cannot be accommodated in the said school, the Director shall find out some other school with in the area or as near there to or to such other school where the petitioner may agree and accommodate her in such school provided the petitioner is so selected by the Commission. The Director may also ensure payment of salary to the petitioner in terms of subsection (3) Section 17 of the said Act. All such exercise is to be completed with in a period of three months from the date of communication of this order to respondent No. 5. Copies may also be served on the respondent Nos. 1 to 4 with in two weeks from the date of receipt of certified copy of this order. Receipt of such service may be furnished to respondent No. 5. Respondent Nos. 1 to 4 may submit their comments or objection as the case may be before respondent No. 5, who may consider the same while deciding the application of the petitioner as aforesaid. The decision shall be communicated to the petitioner with in a period of two weeks from the date of such decision.

With the aforesaid observation/direction, this writ petition is disposed of finally. However, there will be no order as to cost.

Let a certified copy of this order be supplied to the learned Counsel for the petitioner on payment of usual charges by 821999.