LAWS(ALL)-2011-8-87

SHAYAM LAL Vs. STATE OF U P

Decided On August 29, 2011
SHAYAM LAL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The Petitioners, who are working as Lecturers in Physics and English in T.R.M. P.B.A.S. Inter College, Modinagar, Ghaziabad (hereinafter referred to as the "Institution") which is a recognised institution under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the '1921 Act') have filed this petition for quashing the selection proceedings initiated by the U.P. Secondary Education Services Selection Board, Allahabad (hereinafter referred to as the 'Board') for the post of Principal of the Institution under the provisions of the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the '1982 Act') and the Rules framed thereunder. A further direction that has been sought is that the claim of the Petitioners may also be considered for the post of Principal since they are the two senior most Lecturers working in the Institution.

(2.) It is stated that Advertisement No. 2/2008 was issued by the Board for appointment of a Principal in the Institution. Number of applications were received and after scrutinising them the Board issued interview letters to the eligible candidates, including the letters dated 3rd February, 2011 to the two senior most teachers in the Institution as is required under the Rules for appearing before the Interview Board on 7th March, 2011. According to the Petitioners, these two senior most teachers R.P. Mittal and Ratan Babu Maheshwari attained the age of superannuation on 30th June, 2011 and, therefore, could not be considered for appointment as regular Principal of the Institution. The Petitioners who are at Serial Nos. 3 and 4 in the seniority list claim that they should have been called for interview for the post of the Principal but as they were not called this petition has been filed for the reliefs stated above.

(3.) Sri R.K. Ojha, learned Counsel for the Petitioners placed the Rules framed by the State Government under Section 35 of the Act and pointed out that initially the U.P. Secondary Education Services Commission Rules, 1983 (hereinafter referred to as the '1983 Rules') had been framed. Rule 4 of the said Rules contained the procedure for determination and intimation of vacancies to the Commission in the proforma given in Appendix 'A' which stipulated that names of two senior most Lecturers working in the Institution and the records should be sent with the requisition to the Board. Subsequently, the U.P. Secondary Education Services Commission Rules, 1995 (hereinafter referred to as the '1995 Rules') were framed underwhich the earlier provision for sending the names of two senior most Lecturers was deleted. However, the U.P. Secondary Education Services Selection Boards Rules, 1998 (hereinafter referred to as the '1998 Rules') were framed. Rule 11 of the 1998 Rules deals with the determination and notification of the vacancies while Rule 12 deals with the procedure for direct recruitment. Appendix 'A' to the 1998 Rules does not contain any column for mentioning the names of two senior most Lecturers in the Institution and nor does it require the sending of their records with the requisition as was necessary under Appendix 'A' to the 1983 Rules. He, therefore, submits that if the two senior most Lecturers working in the Institution at the time of sending of the requisition to the Board are not eligible to be considered for appointment as Principal of the Institution at the time the interview is to take place as they have attained the age of superannuation in the meantime, the Board should call the next two senior most teachers of the Institution for interview.