ATUL KUMAR GOEL Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner before this Court was offered compassionate appointment as Assistant Teacher in Parishadiya Vidyalaya. Admittedly, the petitioner is untrained. He seeks quashing of the order of the Basic Shiksha Adhikari dated 23.12.2011, whereby the representation of the petitioner for promotion as Headmaster has been rejected on two grounds; (a) the notional seniority of five years provided to such teachers appointed on compassionate basis under Government Order dated 15.11.2009 has since been revoked by the State Government vide order dated 21st November, 2011 and (b) the petitioner being untrained is not qualified for the post of Head-master appointment whereof is regulated by U.P. Basic Education (Teachers) Service U.P. Basic Education Teachers Service Rules, 1981 (hereinafter referred to as 'Rules, 1981'). The order is being challenged on two grounds (a) the State Government has the power to issue a Government Order having regard to the powers vested in it under Section 13 of the U.P. Basic Education Act, 1972 and (b) there are large number of similarly situate compassionate appointee, who were untrained but have been granted promotion on the post of Headmaster and are still working, while it is petitioner alone who has been discriminated in the matter of grant of such promotion.

(2.) The Court will deal with both the aforesaid contentions serially.

(3.) (a) It may be recorded that the power of the State Government conferred under Section 13 of the Act, 1972 is to issue such directions to the Board i.e. Basic Education Board, as may be required in the efficient administration of the Act, and the Board in turn is obliged to comply with the said directions.