HARISH CHAND Vs. JOINT DIRECTOR OF EDUCATION MEERUT

JUDGEMENT

(1.) Public Inter College, Siyana, District Bulandshahr is a recognised 'institution' within the meaning of clause (e) of Section 2 of the U. P. Secondary Service Selection Boards Act, 1982 (in short the 'Act'). Petitioner is a confirmed L.T. grade teacher in the institution wherein a vacancy in the post of Lecturer in English occurred on 30.6.1991 on retirement of the incumbent Shri Ratan Chand Rastogi. Petitioner is admittedly the senior most teacher of the 'institution' in the L.T. grade. Though the petitioner is triple M. A. he did M. A. in English in the year 1993. Vacancy in the post of Lecturer in English is admittedly to be filled in by promotion.

(2.) The question that arises for consideration in the instant case is as to whether the petitioner is eligible and qualified for being considered for appointment as Lecturer in English in the vacancy which occurred on 30.6.1991 due to retirement of the-incumbent Shri Ratan Chand Rastogi. The institution is under the management of authorised controller and it appears that steps were not taken by the authorised controller to fill up the vacancy in English Lecturer whereupon the petitioner filed a writ petition being Civil Misc. Writ Petition No. 18076 of 1996 which came to be disposed of vide judgment and order dated 23.5.1996 thereby directing the District Inspector of Schools to take appropriate decision in the matter in accordance with law, in the Judgment, it has been clarified by the Court that in case the petitioner's case finds favour with the District Inspector of Schools, the latter would direct the management committee to pass appropriate orders. The District Inspector of Schools by his order contained in the letter annexed as Annexure-2 directed the authorised controller that if the post fell in the promotion quota a resolution be passed for promotion of the petitioner and requisition in quadruplicate in the prescribed proforma be sent to the former so that further action in the matter be ensured. The authorised controller passed a resolution on 8.5.1998 for promotion of the petitioner who, according to the authorised controller, was eligible and qualified for promotion to the post in question being the senior most teacher in L. T. grade possessing the qualification of M. A. in English. The resolution was forwarded to the District Inspector of Schools who in turn forwarded the same together with other papers to the Regional Joint Director of Education vide letter dated 19.11.1999 followed by communication dated 2.2.2000. The Joint Director by his order dated 19.6.2000 contained in letter dated 20.6.2000 (Annexure-5) informed the District Inspector of Schools that upon consideration of the matter, the Selection Committee could not approve of the resolution for promoting the petitioner to the post of Lecturer in English due to the reason that on the date of occurrence of vacancy, namely. 1.7.1991, he was not qualified to be appointed Lecturer in English in that he passed M. A. in English in the year 1993.

(3.) Sri Vinod Sinha, learned counsel appearing for the petitioner vehemently urged that in view of Regulation 14 of the U. P. Secondary Education Service Commission Rules. 1995 (in short the new Rules), the question whether the petitioner was possessed of the requisite qualification for being promoted to the post in question ought to be decided with reference to "the first day of the year of recruitment" and not with reference to "the date of occurrence of vacancy." On the other hand, Sri Ashok Khare appearing for the contesting respondent urged that Rule 14 of the new Rules would have no application in respect of a vacancy which occurred prior to the enforcement of the Rules, i.e., May 8. 1995. The vacancy in the instant case, according to Sri Ashok Khare, would be governed by Rule 9 of the old Rules i.e., the U. P. Secondary Education Service Commission Rules, 1993 which clearly visualised that where a vacancy in Lecturer grade was to be filled by promotion only such teachers working in L. T. grade were to be considered for promotion to the Lecturer grade, without their having applied for the same as were possessed of the minimum qualifications and had put in at least 5 years continuous service as teacher 'on the date of occurrence of vacancy". The question that crops up for consideration is whether Rule 14 of U. P. Secondary Education Service Commission Rules. 1995, and for that purpose Rule 14 of the U. P. Secondary Education Service Selection Board Rules. 1998 are retrospective in effect so as to embrace within its sweep, vacancies occurring during the enforcement of the U. P. Secondary Education Service Commission Rules. 1993. It has been submitted by Sri Khare that on the date of enforcement of the new Rules, his client had an existing right for being considered for promotion to the post of Lecturer in English to the exclusion of the petitioner which right, proceeds the submissions, cannot be taken away by subsequent amendment in Rules.