HIRA SINGH BHANDARI Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) BY means of this writ petition, the Petitioner has sought writ in the nature of certiorari quashing the order dated 17 -03 -1990 (copy Annexure 7 to the writ petition), passed by Respondent No. 1, wherein it is mentioned that the certificate of Madhyama (Visharad), issued by Hindi Sahitya Sammelan, is not equivalent to High School examination of U.P. Board. A mandamus has also been sought against Respondents directing them not to interfere in the working of the Petitioner as Clerk in the College run by Respondent No. 2, Committee of Management, A.N.K. Inter College, Gularbhoj, District Nainital (now District Udham Singh Nagar).

(2.) BRIEF facts of the case, as narrated in the writ petition, are that A.N.K. Inter College, Gularbhoj, is a recognized institution, which imparts education up to XII standard. The said College, is governed by the provisions of U.P. Intermediate Education Act, 1921. On 01 -06 -1976, Petitioner was appointed as a Class IV employee in the College, as his educational qualification was up to VIII standard. Later on, he was promoted as Daftari w.e.f. 01 -03 -1978. Considering the services rendered by the Petitioner, a Class IV employee of the College, it is alleged that after he passed matriculation he was entitled within the permissible quota to be promoted as Clerk. Petitioner through correspondence course, conducted by Hindi Sahitya Sammelan, Prayag, passed Prathama Examination in the year 1984 with subjects English, Hindi Sahitya, History, Geography and Mathematics in second division. Thereafter, he passed Madhyama (Visharad) Examination in 1985 with English, Hindi Sahitya, History and Political Science. The said examination was also conducted by Hindi Sahitya Sammelan, Prayag. It is alleged that the certificates issued by said examination body are recognized by the Central Government. After the College was upgraded in the year 1986, up to XII standard, a post of Clerk fell vacant, against which the Petitioner was promoted from the post of Class IV. His promotion order was sent for approval of District Inspector of Schools (Respondent No. 1), but vide impugned order, he refused to accord approval, on the ground that the certificates issued by Hindi Sahitya Sammelan, Prayag, are not equivalent to the High School examination. Challenging said communication, it is alleged in the writ petition that the order passed by Respondent No. 1 is illegal, as the certificates issued by aforesaid authority are recognized by the Central Government and also under the U.P. State Universities Act, 1973.

(3.) AREJOINDER affidavit has been filed on behalf of Petitioner, in which the averments made in the writ petition are reiterated. Certificates are also annexed with the rejoinder affidavit, in which the Principal of College has stated that though no promotion is given to the Petitioner, as no approval is received from District Inspector of Schools, but since the post is lying vacant, the College is taking work of Clerk from the Petitioner.