IN THE HIGH COURT OF UTTARANCHAL, NAINITAL WRIT PETITION NO: 445 OF 2006 (S/S) Pradeep Kumar, S/o Sri Balveer Singh, R/o Banjarewale Post Office Sundurpur, District Haridwar. -----Petitioner Versus 1- State of Uttaranchal, through th Secretary, Secondary Education Uttaranchal, Dehradun. 2- District Education Officer, Haridwar. 3- Regional, Additional/Joint Director of Education, Garhwal, Mandal Pauri. 4- Guru Teg Bahadur Inter College, Buggawala, Haridwar, through its Manager, Committee of Management. -----Respondents Sri C.K. Sharma, Advo, learned counsel for the petitioner. Learned Standing Counsel for respondents. Dated : March 30, 2006. HON’BLE RAJESH TANDON, J. Heard Sri C.K.Sharma, counsel for the petitioner and Standing counsel for the respondents. Both the parties have submitted that the writ petition may be disposed of at the admission stage. By the present writ petition the petitioner has prayed for a writ of mandamus directing the respondents to include the name of the petitioner in the list of the employees which are to be paid under the grant in Aid by the State of Uttaranchal. Briefly stated, the petitioner has been continuously working since 1995 till 31st July,2000 as an paid teacher and from 31st of July, 2000 he has worked on consolidated pay till 22.05.2003 and with 2 effect from 23.05.2003 in pursuance to the advertisement of vacancy he is working as Assistant teacher L.T. Grade. On 11.01.2003 Assistant teacher, namely Kuldeep Singh was unauthorisedly absent and thereafter the Management of the institution wrote a letter to the District Inspector of Schools, Hardwar to make a fresh appointment. The District Inspector of Schools vide letter dated 11.02.2003 granted the approval for the termination of the services of Sri Kuldeep Singh. Thereafter an advertisement was issued in the daily News Paper on 02.05.2003 for the post of Assistant teacher L.T. Grade and the interview was held on 15.03.2003. In pursuance of the interview, the petitioner was selected for the post of Assistant Teacher and the was issued appointment letter on 22.05.2003. The petitioner joined his duties on 23.05.2003. The Management of the institution has required approval also from the District Inspector of Schools vide his letter dated vide his letter dated 23.5.2003 and since there was a ban on the appointment such approval was neither given nor refused, as stated in his letter. On 24.05.2005 the institution of the petitioner was included under the Grant In Aid and when the matter went for payment of the salary it was found that the name of the petitioner was excluded under the Grant In Aid. Rule 12 of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) Recruitment and Conditions of Service of Teachers) Rules,1978 reads as under: “12. Confirmation- (1) The appointment of every HeAdmaster or Assistant Teacher, as the case may be, 3 of a recognized school, not being an appointment under Rule 20 shall, in the first instance, be on probation of one year, which may be extended for a further period not exceeding, one year. (2) If the service of Heazdmaster or Teacher of a recognized school are not terminated before the expiry of the period or the extended period of probation as the case may be, he shall be deemed to have been automatically confirmed on the expiry of such period.” Liberty is given to the petitioner to make a fresh representation to the respondent No.2 who shall examine the matter and shall pass appropriate order regarding the inclusion of the name of the petitioner in Grant In Aid, if the petitioner qualifies and is eligible, the petitioner shall be paid the due salary to him forthwith. The writ petition, therefore, is disposed of. The matter is sent back to the District Education Officer for passing the appropriate order with regard to the inclusion of the name of the petitioner. While considering the representation of the petitioner the District Education Officer shall also consider the deeming clause as contained under U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. (Rajesh Tandon,J) 30.03.2006 Negi.