JASBIR SINGH VIRK Vs. STATE OF UTTARANCHAL, THROUGH SECRETARY (SECONDARY EDUCATION), DEHRADUN, UTTARANCHAL AND OTHERS

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari for quashing the impugned order dated 9.9.2003 by which the Regional Joint Director of Education, Garhwal Division, Pauri Garhwal has ordered to place the petitioner junior to respondent No. 5 in the seniority list of the Lecturers.

(2.) BRIEF facts, as alleged in the writ petition are that Sri Guru Nanak Public Boys Inter College is a non-Government recognized and aided Institution of the State Government. The said Institution is run and managed by the Sikh minority community as such the same has character of minority Institution. The petitioner was initially appointed on the post of Lecturer in Punjabi in the aforesaid College on 15.11.1976 on probation, and his appointment was approved by the Deputy Inspector of Schools, Dehradun vide letter No. 2891/76-77, dated 10.10.1977 (copy Annexure-2 to the writ petition). It is alleged in the petition that on completion of one year of satisfactory service by the petitioner, he stood confirmed in accordance with the Regulations framed under U.P. Intermediate Education Act, 1921. The minimum qualification for the appointment of Lecturer in Punjabi in a recognized Institution as per the said Act of 1921 is M.A. in Punjabi which the petitioner possessed at the time of his initial appointment. The petitioner worked diligently to the utmost satisfaction of his superiors since his initial appointment. The Administrator/Prabandh Sanchalak of Sri Guru Nanak Public Boys Inter College, Dehradun issued a tentative seniority list of Lecturers on 3.4.2002 (copy Annexure-3 to the writ petition) in which the petitioner's name was shown at serial number 3 and Sri Dinesh Kumar Sharma, respondent No. 5, was shown at serial number 4 but a final seniority list in pursuance of above tentative seniority list was held up due to which the petitioner filed Writ Petition No. 30 (S/B) of 2003 which was disposed of finally by this Court with the direction to the respondent No. 4 to dispose of the representation of the petitioner and publish the final seniority list within a period of four weeks. Consequently, the respondent No. 4 of the hearing the respondent No. 5 published the seniority list on 23.4.2003 (copy Annexure-5 to the writ petition) and in the final seniority list the petitioner stood at serial number 2 while the respondent No. 5 stood at Serial Number 3 below the petitioner. Against the said final list, on application of Sri Dinesh Kumar Sharma, respondent No. 5, the Regional Joint Director of Education (respondent No. 2) invited the objections from the petitioner vide letter dated 6.5.2003. The petitioner, in response to the notice, made his submissions before the authority concerned. However, the respondent No. 2 without considering the case of the petitioner and ignoring Regulation 3 of Chapter II and Appendix-A to U.P. Intermediate Education Act, 1921, passed the impugned order dated 9.9.2003 whereby the petitioner was placed below Sri Dinesh Kumar Sharma (respondent No. 5). Aggrieved by which this writ petition has been filed.

(3.) I heard learned Counsel for the parties at length and perused the affidavits filed by the parties along with annexures annexed thereto apart from going through the case laws referred by them.