JAI KUMAR SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, Sri C.K. Rai appearing for the respondent No. 4 and Sri A. N. Rai appearing for respondent No. 3. The respondents No. 2, 3 and 4 have already submitted counter affidavit to which rejoinder affidavit has been filed by the petitioner. With the consent of the parties, I proceed to dispose of the writ petition finally.

(2.) There is an educational institution, namely, Mahabir Singh Intermediate College, Badilpur Haldi, Ballia which is a recognised institution receiving grant in aid. In the aforesaid institution sanctioned strength of Class III employee is three. One post of Librarian Clerk/Assistant Clerk fell vacant on 31.12.1994 on the retirement of Basudeo Singh. The respondent No. 3, Triloki Nath, who is a Class IV employee in the institution laid his claim for promotion on the aforesaid post of Clerk under Chapter III, Regulation II of the Intermediate Education Act on the ground that the said post is the promotional post. The Committee of Management, however, did not accede the claim of respondent No. 3 and proceeded to make appointment by direct recruitment on the post of clerk which fell vacant due to retirement of Basudeo Singh. The Committee of Management made direct appointment of Kunwar Tribuwan Singh and the papers seeking approval of the District Inspector of Schools were forwarded. In the institution one post of Head Clerk fell vacant due to retirement of Achhaybar Nath Mishra, the Head Clerk. On the said post, vide resolution dated 15.11.1995 Baij Nath Prasad who was Assistant Clerk was promoted. On account of promotion of Baij Nath Prasad his post fell vacant. The Committee of Management again proceeded to make appointment by direct recruitment on the second post which fell vacant due to promotion of Baij Nath Prasad and this time Committee of Management made appointment of the petitioner. The District Inspector of Schools did not pass any order approving or disapproving the appointment of the petitioner as well as the respondent No. 4. A writ petition was filed by the petitioner being writ petition No. 10891 of 1996, Jai Kumar Singh v. The district Inspector of Schools. Ballia and Ors., in which this Court passed an order on 2.4.1996 directing the District Inspector of Schools to pass appropriate orders in accordance with law on the papers submitted before him regarding appointment of the petitioner (Jai Kumar Singh). Another writ petition was filed by Kunwar Tribhuwan Singh being writ petition No. 10893 of 1996 in which this Court by order dated 1.4.1996 directed the respondents to decide the representation dated 20.10.1995 filed by Kunwar Tribhuwan Singh In pursuance of the orders passed by the High Court, the District Inspector of Schools has decided the matter vide his order dated 4.5.1998 and approved the appointment of Kunwar Tribuwan Singh and further observed that the appointment of the petitioner was illegal. The aforesaid order dated 4.5.1998 is annexed as Annexure-8 to the writ petition.

(3.) Learned Counsel for the petitioner submitted that the order dated 4.5.1998 passed by the District Inspector of Schools is erroneous and based on misinterpretation of Chapter III, Regulation II of the U.P. Intermediate Education Act. It has been further submitted that the post which fell vacant due to promotion of Basudeo Singh was the post which ought to have gone under 50% promotion quota and the appointment of respondent No. 4 would not have been made on the aforesaid post by direct recruitment and the approval order of District Inspector of Schools is erroneous Learned Counsel for the petitioner further submitted that since the post which fell vacant due to retirement of Basudeo Singh, under promotion quota, Triloki Nath would be promoted on the said post and the second post which fell vacant by promotion of Baij Nath Prasad under direct recruitment quota, petitioner must be approved.