MANJU RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner before this Court is a Lecturer (Chemistry) in a grant -in -aid college, namely, "Phool Chand Nari Shilp Mandir Inter College, Dehradun" (respondent No. 7 in the present writ petition). The dispute in the present case relates to inter se seniority of present petitioner, who is Lecturer (Chemistry) in the said college and respondent No. 6 Smt. Nisha Jain, who is also a Lecturer (History) in the same college. Both petitioner and respondent No. 6 were working in the said college as an Assistant Teacher L.T. Grade and both were promoted to the post of Lecturer (Chemistry) and Lecturer (History) respectively on the same day i.e. 31.07.2006. Although the District Education Officer, Dehradun has refused to grant promotion to respondent No. 6 from 01.07.2003, however, the promotion of the petitioner was granted w.e.f. 01.07.2003. The dispute is between the seniority or more precisely from the date respondent No. 6 has to be treated as a Lecturer.

(2.) SINCE the date of promotion of respondent no. 6 has not been considered from 01.07.2003 by the District Education Officer, as in the case of the petitioner, she moved a representation before the District Education Officer, Dehradun which was rejected on the ground that the post on which she was promoted was reserved for Scheduled Caste candidate. Instead of challenging the said order before this Court, respondent No. 6 made a complaint to Chairman, Uttarakhand Minority Commission (in short "Commission"). On the said complaint, the Commission passed an order dated 17.10.2008 directing the District Education Officer, Dehradun to consider the promotion of respondent No. 6 to the post of Lecturer (History) from 01.07.2003. Thereafter, the District Education Officer, Dehradun in turn without applying its mind to the controversy before him complied with the order of the Commission vide order dated 01.12.2008 and declared that respondent No. 6 is deemed to be promoted to the post of Lecturer (History) since 01.07.2003. It is this order, which the petitioner has challenged before this Court.

(3.) NOTHING can be said as to the relative merit between petitioner and respondent No. 6 as to their inter se seniority or as to whether they were rightly promoted to the post. However, the orders passed by the Chairman, Uttarakhand Minority Commission on 17.10.2008 and its compliance by the District Education Officer vide order dated 01.12.2008, are wholly without jurisdiction.