SURENDRA KUMAR SINGH Vs. STATE OF UP

JUDGEMENT

(1.) PETITIONER had approached this Court questioning the validity of the order of promotion dated 15/12/2009 passed by promotional Committee constituted under Section 12 of U.P. Act No. V of 1982, in favour of Jageshwar Singh.

(2.) BRIEF background of the case is that in the district of Fatehpur there is recognized institution namely Bahua Inter College Bahua. Said institution is duly covered by the provisions of U.P. Act No. II of 1921; U.P. Act No. 24 of 1971 and U.P. Act No. V of 1982 and the 1998 Rules framed thereunder. In the institution concerned petitioner was appointed on 27/10/1972 as C.T. Grade teacher. Similarly Jageshwar Singh respondent No. 7 was initially appointed in the said college on 8.7.1970 in J.T.C Grade and then he was promoted in C.T. grade on 8.7.1975. This is accepted position that petitioner is senior vis-a-viz Jageshwar Singh. In the seniority list, copy of which has been appended at page 20 of the counter affidavit filed by Jageshwar Singh himself therein Surendra Kumar Singh, petitioner has been shown at serial No. 2 and respondent No. 7 Jageshwar Singh has been shown at serial No. 6. After declaration of C.T. Grade as dying cadre, L.T. status was accorded to petitioner prior in time vis-a-viz Jageshwar Singh, respondent No. 7 and on this score inter se parties there is no dispute. This is accepted position that two post of Lecturer fell vacant. First post of Lecturer which fell vacant was post of Lecturer in History on 30.6.2007 and second post of Lecturer which fell vacant was post of Lecturer in Sociology on 30.6.2008. Petitioner being eligible was entitled to be considered for the post of Lecturer in History but petitioner has refused to accept his promotion for being considered on the post of Lecturer in History and on 30.6.2008 when post of Lecturer in Sociology fell vacant petitioner has claimed that he should be accorded promotion on the post of Lecturer in Sociology. Qua the said post in question Managing Committee of the institution has passed resolution in favour of Jageshwar Singh by mentioning that said post should go to O.B.C. category candidate and the matter was referred to, thereafter to the Committee constituted under Section 12 of the Act for consideration of claim of Jageshwar Singh, respondent No. 7 and same has been accepted by the aforesaid Committee. At this juncture present writ petition in question has been filed.

(3.) RULE 14 of UP. Secondary Education Services Selection Board RULEs 1998 is being looked into. RULE 14 of RULEs 1998 14. Procedure for recruitment by promotion.-(1) Where any vacancy is to be filled by promotion all teachers working in trained graduates grade or certificate of training grade, if any, who possess the qualification prescribed for the post and have completed five years continuous regular service as such on the first day of the year of recruitment shall be considered for promotion to the lecturers grade or the trained graduates grade, as the case may be, without their having applied for the same. /Vote.-For the purposes of this sub-rule, regular service rendered in any other recognized institution shall be counted for eligibility unless interrupted by removal dismissal or reduction to a lower post. (2) The criterion for promotion shall be seniority subject to the rejection of unfit. (3) The Management shall prepare a list of teachers referred to in sub- rule (1), and forward it to the Inspector with a copy of seniority list, service records, including the character rolls, and a statement in the pro forma given in Appendix-A (4) Within three weeks of the receipt of the list from the management under sub-rule (3), the Inspector shall verify the facts from the record of his office and forward the list to the Joint Director. (5) The Joint Director shall consider the cases of the candidates on the basis of the records referred to in sub-rule (3) and may call for such additional information as it may consider necessary. The Joint Director shall place the records before the Selection Committee referred to in sub-section (1) of Section 12 and after the Committee's recommendation, shall forward the panel of selected candidates within one month to the Inspector with a copy thereof to the Management. (6) With ten days of the receipt of the panel from the Joint Director under sub-rule (5) the Inspector shall send the name of the selected candidates to the Management of the institution which has notified the vacancy and the Management shall accordingly on authorization under its resolution issue the appointment order in the proforma given in Appendix "F to such candidate.