HIRA SINGH BHANDARI Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) The question to be adjudicated upon, while disposing of the instant Special Appeal is, whether the certificate of Madhyama (Visharad), issued by the Hindi Sahitya Sammelan, is equivalent to the High School Examination of the U.P. Board. If the answer to the aforesaid query is in the affirmative, the appellant would be entitled to be promoted to the post of Clerk in the college run by respondent No. 2, and if not, he would be ineligible for promotion to the post of Clerk, on account of the fact, that the High School Examination of the U.P. Board or an equivalent examination is the prescribed condition of eligibility for promotion as a Clerk.

(2.) Since the promotion of the appellant to the post of Clerk was not being approved, the appellant approached the High Court of Judicature at Allahabad, by filing Civil Miscellaneous Writ Petition No. 12715 of 1990. On the reorganisation of the composite State of Uttar Pradesh, the aforesaid writ petition was transferred to this Court, wherein it was re- numbered as Writ Petition (S/S) No. 6928 of 2001. A learned Single Judge of this Court dismissed the aforesaid writ petition, by an order dated 11.09.2007, by recording the conclusion, that the qualification of Madhyama (Visharad), issued by the Hindi Sahitya Sammelan, is not equivalent to the High School Examination of the U.P. Board.

(3.) Through the instant Special Appeal, the appellant has assailed the determination rendered by the learned Single Judge. Before this Court, the appellant has relied upon Regulation 9, contained in Chapter III (Part II-A) of the Regulations under the U.P. Intermediate Education Act, 1921. Regulation 9, relied upon by the learned counsel for the appellant, is being extracted hereunder: