DEOKI VERMA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is by an Assistant Teacher of the primary section of an Intermediate College namely, Swamibagh Uchchattar Madhyamik Vidyalaya, Dayal Bagh, Agra, governed by the provisions of U.P. Intermediate Education Act, 1921. The dispute is in relation to the claim of promotion by the appellant as against the respondent No. 5 - Dr. Suman Birla in the L.T. grade. The appellant, upon a resolution of the Committee of Management which is the appointing authority under the Regulations framed under the 1921 Act, succeeded in getting approval from the D.I.O.S. but on a representation/complaint filed by the respondent No. 5, the matter was taken up by the Joint Director of Education who reversed the decision in favour of respondent No. 5. Aggrieved, the appellant filed a writ petition giving rise to the present appeal which has been dismissed by a learned Single Judge holding that the respondent No. 5 was entitled for promotion and, therefore, refused to interfere with the order of the Joint Director of Education dated 20.5.2009. The facts in detail have already been traversed by the learned Single Judge but for the purpose of this appeal, a mention of the underlying facts would be necessary. The appellant - Deoki Verma was appointed as an Assistant Teacher in the primary section of the institution on 1.7.1989 whereas the respondent - Suman Birla was appointed on 23.8.1993. The qualification of the appellant is a Post Graduate Degree in Economics and she has passed her Graduation with the subjects of General Hindi, Hindi Literature and Economics. The respondent No. 5 is a Post Graduate in Sanskrit and she has passed her Graduation of which one of the subjects is English. The appellant is senior to the respondent No. 5. For the purpose of promotion to the next higher grade i.e., the L.T. Grade, the regulations framed under the 1921 Act make a provision that 25% of the posts in the L.T. grade shall be filled by way of promotion from amongst the teachers qualified and eligible to be appointed in a substantive capacity in a primary section of the institution. This provision, which is contained as Chapter II Regulation 7 (2-A) of the U.P. Intermediate Education Act, 1921 quoted below:--

(2.) This provision was introduced by way of an amendment through a notification issued by the Board dated 26.2.2003. The institutions, which are governed by the provisions of the 1921 Act and are recognized and also aided, are also under the provisions of the U.P. Secondary Education Service Commission Act 1982 which is a body constituted for the purposes of selection and appointment of teachers in the L.T. grade, the lecturer grade and the head of the institution. The Act was introduced in order to ensure free and fair selections and rules have been framed under the said Act for the said purpose. In order to give effect to the provisions of the 1921 Act, the said rules further prescribe the procedure for recruitment and for the said purpose, the U.P. Secondary Education Services Selection Board Rules, 1998 were appropriately amended for the procedure to be followed for such promotions as involved in the present matter vide notification dated 25.11.2005. The said Rule 10(c) is quoted below:--

(3.) The criteria for promotion is defined in Rule 14(3) thereof which is seniority subject to rejection of unfit.