BEENISH JALAL Vs. JOINT DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Petitioner before this Court is working as L.T. grade teacher in Maulana Azad Intermediate College, Anjansheed, Azamgarh. By means of the present writ petition she has prayed' for quashing the order dated 5.9.2009 where under the Joint Director of Education has rejected the proposal submitted by the Committee of Management of the Institution for promotion of the petitioner, on the ground that in the institution, there are 6 sanctioned posts of Lecturers and having regard to Regulation 5 (2) of Chapter II of the Regulations framed under the Intermediate Education Act only 50% posts are required to be filled up by promotion. Since three persons by way of promotion are already working on the post of Lecturers, no further promotion can be provided. She has also challenged the advertisement dated 27.3.2010 published by the institution for making direct recruitment on the post.

(2.) Sri I. R. Singh, learned Counsel for the petitioner has submitted that there is no dispute that against six sanctioned posts of Lecturer three persons are already working which is 50% of the total sanctioned strength of Lecturer cadre. It is further not in dispute that under Regulation 5 (2) of Chapter II of the Regulations framed under the Intermediate Education Act, 50% of the posts alone are required to be filled by promotion. He, however, contends that Regulation 5 of Chapter II violates Article 30 of the Constitution of India inasmuch as minority institutions, have a right to administer the minority institutions which within its ambit includes the right to make appointment on the posts in the manner the management decides. Only restrictions regarding the qualifications may be prescribed under the Regulations. He submits that State has no authority to restrict the right of appointment by promotion to 50% of the total cadre strength in respect of minority institutions. For the purpose reliance has been placed upon a judgment of Hon'ble Supreme Court in the case of N. Ahmad v. Manager, Emjay High School and Ors., 1998 6 SCC 674, specifically paragraphs 15, 20 and 21 are quoted hereinbelow:

(3.) The scope of Regulation 5 has been examined by a Division Bench of this Court in the case of Jai Bhagwan Singh v. District Inspector of Schools, Gautambuddh Nagar, 2006 3 UPLBEC 2391:, and it has been explained that under Rule 5 only 50% of the total cadre strength can be filled by promotion, the remaining 50% posts are required to be filled by way of direct recruitment.