HARENDRA SINGH CHAHAR Vs. STATE OF U.P.THROUGH SECRETARY EDUCATION, GOVERNMENT OF U.P.LUCKNOW AND OTHERS

JUDGEMENT

(1.) Heard Sri Ajay Bhanot learned Counsel for the Petitioner.

(2.) The dispute lies in a very short compass inasmuch as the claim of the Petitioner is that he is teaching as a lecturer in Biology in Chahar Wati Inter College, Agra which is an Institution recognized under the provisions of the U.P. Intermediate Education Act, 1921 and the regulations framed thereunder, but he is being denied salary in spite of the fact that the subject of Biology is duly sanctioned under an order of the Respondents.

(3.) The submission of Sri Bhanot is that in view of the law laid down in the case of Chandigarh Administration and Ors. v. Rajni Vali (Mrs) and Ors., 2000 2 SCC 42, it is the obligation of the State to proceed to create a post keeping in view the requirement of the Institution and the larger interest of the students. He submits that this is an act of discrimination and, therefore, inaction on the part of the Respondents amounts to impinging the rights guaranteed Under Article 14 of the Constitution of India.