PRAGATI DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) The facts of the case are that Shanta Smarak Kanya Inter College, Meerut (hereinafter referred to as, 'Institution') is an 'institution' as defined in Section 2(b) of the Uttar Pradesh Intermediate Education Act, 1921 (hereinafter referred to as, 'Act, 1921') and receives maintenance grant from the State Government. The Institution is governed by the Act, 1921 and the Regulations framed thereunder. Selections to the post of Lecturers in recognized and aided institutions are held by the Uttar Pradesh Education Services Selection Board, Prayagraj (hereinafter referred to as, 'Board'). The procedure for selection of Lecturers is prescribed in Uttar Pradesh Secondary Education Services Selection Board Rules, 1998 (hereinafter referred to as, 'Rules, 1998'). Under Section 16(E) of the Act, 1921 the Committee of Management of a recognized institution is the appointing authority of the Teachers of the institution but under the Rules 1998, the Committee of Management of the institution is liable to issue an appointment letter to any candidate selected for appointment and allocated the institution by the Board.

(2.) Smt. Krishna Sharma and Smt. Shashi Maratha, Lecturers in the institution retired on 30.6.2012. It has been stated in the counter affidavit filed by the Manager of the Committee of Management of the institution, i.e., the respondent No. 5, that the post held by Smt. Krishna Sharma was of Lecturer in Music (Instrument-Tabla) while the post held by Smt. Shashi Maratha was of Lecturer in Music (Instrument-Sitar) and they were teaching the said subjects. After the retirement of the aforesaid teachers, the Committee of Management of the institution sent a requisition to the Board notifying the vacancies and the requisition form specified that of the two posts of Lecturer which were vacant in the institution, one post was of Lecturer in Music (Instrument-Tabla) and the other post was of Lecturer in Music (Instrument-Sitar).

(3.) In 2016, the Board issued Advertisement No. 2/2016 inviting applications for appointment on vacant posts of Lecturers which included the abovementioned two posts of Lecturers in the Institution. It is admitted by the parties that the aforesaid posts were reserved for women and the vacancies in the institution were advertised as Lecturer in Music (Instrument) (Female Category) and the advertisement did not specify any sub-category in the aforesaid subject. In other words, the advertisement did not indicate that of the two posts advertised one was of Lecturer in Music (Instrument-Sitar) and the other was of Lecturer in Music (Instrument-Tabla).