COMMITTEE OF MANAGEMENT. SRI PARAM HANSH INTERMEDIATE COLLEGE, HANUMANNAGAR, AZAMGARH Vs. ADDL. DIRECTOR OF EDUCATION, U.P. ALLAHABAD AND OTHERS

JUDGEMENT

(1.) There are two inter-connected writ petitions. The principal point which arise for consideration is whether Sri Nripati Yadav was qualified for appointment in the lecturer's grade on the date of occurrence of the vacancy.

(2.) It appears that, by an order dated. May 5, 1978. four posts of lecturers were created in Pramhansh Intermediate College, Azamgarh. Two of them were to be filled by promotion and two by direct recruitment. On Jan. 21, 1980, this order was modified and it was directed that one post will be filled by promotion and the rest three by direct recruitment. The petitioner who was an existing teacher in the L.T. Grade in this college applied for being considered for promotion to the post of lecturer. The Managing committee held that he was not qualified. Mr. Yadav then approached the Additional Director of Education who by an order passed on Aug. 29, 1978. directed the District Inspector of Schools, Azamgarh to stay the aforesaid selection. Aggrieved the committee of management filed writ petition no. 7280 of 1980 complaining that the Addl. Director had no business to interfere in the process of selection. Sri Nripati Yadav filed writ petition no. 7563 of 1980 against the move of the managing committee to hold the elections on Sept. 3, 1980.

(3.) The dispute between the committee of management and Nripati Yadav is whether Sri Yadav fulfils the requisite qualifications for being considered for the lecturer's grace. Regulation 6 in Chapter II of the Uttar Pradesh Intermediate Education Act is relevant and material. This regulation provides:-