RAKESH KUMAR Vs. STATE OF U.P

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been filed for quashing of the order dtd. 27/12/2016 passed by the District Inspector of Schools, Gonda upholding the order dtd. 20/10/2014 passed by the committee of management terminating the services of the petitioner on the ground that the petitioner does not possess the requisite qualification for appointment as Teacher in the attached primary school of the Vivekanand Inter College, Gonda, whereas under sub-sec. (2) of Sec. 16 of the Intermediate Education Act, 1921 (for short 'Act, 1921'), the requisite qualification for a Teacher of attached primary school is graduation plus C.T./B.T.C./H.T.C. or equivalent qualification and in the event of non-availability of B.T.C. trained person, person with B.Ed. degree qualification is eligible for appointment.

(2.) Swami Vivekanand Inter College, Gonda (hereinafter referred to as 'the institution') is recognised and Government aided institution, which imparts education upto Intermediate classes. It imparts education from Class-I to Class-XII. It is governed under the provisions of the Act, 1921 as well as Uttar Pradesh High Schools and Intermediate Colleges (Payment and Selection of Teachers and other Employees) Act, 1971 (for short 'Act, 1971').

(3.) In the primary sec. , nine posts of Assistant Teachers are sanctioned. In the year 2003, an amendment was brought in by inserting Regulation 7(2)(a) under Regulation 7, Chapter-II of the Regulations framed under the Act, 1921 providing for promotion of Assistant Teachers of the attached primary sec. to the post of Assistant Teachers in LT Grade and, it was provided that 25% posts of Assistant Teachers of LT Grade would be filled up by promotion of Assistant Teachers of primary schools, who are having five years service to their credit and having requisite qualification for appointment as LT Grade Teacher. Three Teachers of the attached primary school of the institution, namely, Raj Mani Tripathi, Smt. Rama Devi Shukla and Dr. Dinesh Kumar Shukla were promoted to the post of Assistant Teacher in LT Grade under 25% promotional quota.