KULDEEP CHAND KAPOOR Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution has been filed for quashing of the order dated 26.6.1998 of the State Government by which Sri Chandra Deo Ram, respondent No. 4, was appointed as Head of Department of Composition in the Northern Regional Institute of Printing Technology, Allahabad.

(2.) There is an institute known as the Northern Regional Institute of Printing Technology at Allahabad (hereinafter referred to as the Institute). It imparts a three-years course for award of a diploma in printing technology. The Institute is controlled, financed and managed by the State Government and is governed by U. P. Pravidhik Shiksha Adhiniyam, 1962. The service conditions of the staff of the Institute are governed by the U. P. Technical Education Gazetted Officers Services Rules, 1990 (hereinafter referred to as the rules), which have been made by the Governor of Uttar Pradesh in exercise of power conferred by the proviso of Article 309 to the Constitution.

(3.) The petitioner, Kuldeep Chand Kapoor, was appointed as demonstrator in the institute on 28.9.1966. He became a junior instructor on 17.6.1970 and, thereafter, lecturer in the Department of Composition on 19.7.1972. Sri Chandra Deo Ram, respondent No. 4 who belongs to Scheduled Caste, was appointed as lecturer in the Department of the Graphic 'Reproduction and Lithography on 7.8.1982. The petitioner is thus senior to respondent No. 4 by 10 years. By the impugned order dated 26.6.1998 the State Government appointed respondent No. 4 as the Head of Department of Composition and it is this order which is the subject-matter of challenge in the present writ petition.