NIRUPAMA MALVIYA Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition has been instituted by Nirupama Malviya praying that a mandamus be issued, commanding the respondents to place the petitioner under the old pension scheme and provide all benefits of that scheme, treating her to be placed/ appointed on 25/11/2004 as a Lecturer in Economics (General Category) in terms of the order of the Secretary, Uttar Pradesh Secondary Education Services Selection Board, Allahabad dtd. 25/11/2004. A further direction has been sought commanding the respondents to deduct the requisite sum of money from the petitioner's salary in the same manner as in the case of any other lecturer, serving under the old pension scheme.

(2.) The facts giving rise to this petition merit a brief reference. The Uttar Pradesh Secondary Education Service Selection Board, Allahabad (for short, 'the Selection Board') advertised various posts of Lecturers in the subject of Economics to be filled up through direct recruitment vide Advertisement No.1 of 2003 for girls colleges, recognized by the State Government and managed by private managements. The petitioner applied for the post of a lecturer in response to the advertisement. The petitioner sat the written examination held by the Selection Board on 3/8/2003 at the Colonelganj Inter College, Allahabad. The result of the written examination was declared on 26/9/2004 and duly published in newspapers. The petitioner was declared successful. The petitioner's roll number was 020811333. The Selection Board invited the petitioner to interview vide call letter dtd. 8/10/2004, the interview being scheduled on 29/10/2004, along with educational testimonials in original, besides other necessary documents, mentioned in the call letter. The petitioner appeared at the interview. The Selection Board drew up and published a panel of selected candidates, mentioning their names and the colleges where they had been placed vide notification dtd. 1/12/2004 issued by the Secretary to the Selection Board. The petitioner was shown to be placed with the Sanatan Dharm Kanya Inter College, Sadar, Meerut.

(3.) Upon allotment of the college, the petitioner went to the Sanatan Dharm Kanya Inter College, Meerut to join her duties. The Principal of the college, however, refused to accept her joining report, saying that she is in need of a lecturer in Economics and Sociology. The District Inspector of Schools-II, Meerut issued a memo dtd. 25/1/2005 to the Secretary of the Selection Board, regarding the petitioner's absorption. The District Inspector of Schools intimated the Secretary of the Selection Board that the Principal of the Sanatan Dharm Kanya Inter College, Meerut had intimated him of the fact that she has the requirement for a lecturer in Economics and Sociology. It was, therefore, not possible to post the petitioner with the said college. It was also recommended that the petitioner be adjusted in some other institution or district, and that for the institution, a candidate be sent, who is a lecturer in Economics and Sociology. The petitioner then sent an application to the Secretary of the Selection Board dated 27 thJanuary, 2005, requesting that she may be placed with some institution in District Allahabad or Lucknow.