RAJNISH BATRA Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) THE petitioner is working as an Assistant Teacher (L.T. Grade) in an ad -hoc capacity in a grant -in -aid college, namely, Shri Sanatan Dharma Kanya Inter College, Rudrapur. She claims promotion to the post of Lecturer (Civics/Political Science). Since her name was recommended by the selection committee and sent to the District Education Authorities, which did not approve the selection, the petitioner had earlier filed a writ petition being WPSS No. 1289 of 2012 before this Court, which was dismissed vide order dated 18.09.2014 on the ground that on the day when the vacancy occurred, the petitioner did not fulfill the five years' teaching experience on the post of L.T. Grade Teacher. Now the petitioner has filed the second writ petition with the claim that now she has gained five years of experience. This plea is absolutely frivolous, as the five years of teaching experience has to be calculated on the day when the vacancy had occurred. Admittedly on the day when the vacancy occurred, petitioner was not having the requisite qualification.

(2.) IT is made clear that in case there is no other eligible person for appointment by way of promotion to the said post available in the college then in the interest of students of the institute as well as in public interest, such appointment must be made by way of direct recruitment so that the best qualified person becomes Lecturer (Civics/Political Science) in the institute. As far as present petitioner is concerned, she has no claim for that post. In view thereof, the writ petition is hereby dismissed in limine. No order as to costs. The learned Additional C.S.C. shall inform the concerned Education Authorities about this order.