RAJA RAM TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 27.7.2006 passed by the District Inspector of Schools, Bareilly (DIOS).

(2.) There is an Institution known as Rashtriya Krishi Avam Udyog Inter College, Sirauli, Bareilly (the Institution). The Institution is governed by the U.P. Intermediate Education Act, 1921 and the regulations framed thereunder. The Salaries of the Teachers and Staff are also governed by the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees ) Act, 1971.

(3.) According to the petitioner in the Institution there are 7 posts of Lecturers of the subjects, namely, Economics, Hindi, English, Geography, Arts, Mathematics and History. The case of the petitioner is that the post of Lecturer History was held by one Shri Devendra Swaroop Gupta, who was holding the post under the 50% promotee quota in general category. Devendra Swaroop Gupta retired on 30.6.2006. In the meantime by an order dated 1.7.2006 the petitioner was allotted the subject of History for teaching class 11th and 12th and he has been teaching as such w.e.f. 1.7.2006. The case of the petitioner further is that on 28.7.2006 one Prem Prakash claiming himself to be a direct recruit candidate on the post of Lecturer History in the schedule caste category made a request to the Principal of the Institution to issue appointment letter in his favour. The petitioner became apprehensive and submitted his objections on 28.7.2006. His case is that the post of Lecturer History was to be filled under the promotee quota in the general category and secondly no requisition was ever made for making direct recruitment on the said post and, therefore, the question of issuing a letter of appointment in favour of Shri Prem Prakash as a direct recruit candidate did not arise.