SHABBIR AHMAD Vs. DISTRICT INSPECTOR OF SCHOOLS SAHARANPUR

JUDGEMENT

(1.) JANTA Inter College, Jhabiran, Saharanpur is a recognised and aided non-government Intermediate College, affairs of which are managed by a Committee of Management constituted in accordance with the Scheme of Administration approved under section 16-A of the U. P. Intermediate Education Act. The appointment of teachers in the college is, however, governed by the provisions contained in U. P. Secondary Education Services Commission and Selection Boards Act, 1982. The petitioner as also the third respondent are admittely working as teachers in L T. Grade in the said institution. The facts of the case in brief are that one Man Singh Verma, a permanent lecturer of the college, was selected and appointed as Principal in another college with effect from 4-1-1985 His appointment to the post of Principal was initially made on one year's probation. It appears that on expiry of the probationary period, Sri Man Singh Verma stood confirmed in the post of Principal in Gandhi Uchchtar Madhyamik Vidyalay Ametha, District Saharanpur with effect from 4-1-1986. The post which fell vacant consequent upon Sri Verma being selected and appointed as "Principal in another college, comes under 50% quota reserved for promotion. The petitioner as also the respondent no. 3 staked their claims before the Committee of Management and the District Inspector of Schools for being considered for promotion to lecturer's grade in accordance with rule 9 of U. P. Secondary Education Services Commission Rules, 1983. The said rule being relevant for the purposes of the present case may be reproduced below.

(2.) SRI B. D Madhyan, learned counsel appearing for the respondent no 3 urged before me that the lien stood automatically terminated with effect from 4-1-1986 when SRI Man Singh Verma was confirmed on the post of Principal in Gandhi Uchchtar Madhyamik Vidyalaya on the expiry of the period of probation which was not extended any further. His contention further is that even according to regulation 12 of Chapter III of the Regulations, the probationary period could not have been extended beyond 12 months i.e. beyond 4-1-1987 The petitioner admittedly acquired degree in M.A. in sociology in the year 1988 and therefore, if it is held that the vacancy occurred in the year 1986 or 1987. then in that event the petitioner would not be possessed of requisite qualification on the day of occurrence of the vacancy within the meaning of rule 9 of the rules, and for that reason he would not be eligible for being considered for promotion to the post in question.

(3.) IN the instant case, the District INspector of Schools, forwarded the name of the petitioner as also the respondent no. 3, even though, in consequence of my finding aforesaid, the petitioner is not eligible for being considered for promotion to the post in question in accordance with rule 9 of the rules.