GAJANAN PANDEY Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) This petition has been filed for quashing the order dated 30th December 1998 passed by the District Inspector of Schools rejecting the representation dated 15th May 1998 filed by the petitioner claming promotion on ad hoc basis on the post of Lecturer in Civics in the D.A.V Narang Inter College, Ghughli District Mahrajganj (hereinafter referred to as the College) and for other consequential reliefs.

(2.) I have heard Sri G.K. Singh, learned counsel for the petitioner, the learned Standing Counsel appearing for respondent no. 1 and Sri Ashok Khare, learned Senior Counsel appearing for respondent no. 3.

(3.) The petitioner was appointed as an Assistant Teacher in the L.T. Grade in the College on 28th July 1974. The regular Principal of the College Sri Parshuram Mani Tripathi retired on 30th June 1993 as a result of which the senior most Lecturer in the College Sri T.N. Rai became the Officiating Principal. On 13th April 1997 the Committee of Management passed a resolution promoting respondent no. 3 Sri Janardhan Prasad Gupta on ad hoc basis on the post of Lecturer in Civics on the short term vacancy arising out of the appointment of Sri T.N. Rai as the ad hoc Principal of the College. The claim of the petitioner who was the senior most teacher in the L.T. Grade was rejected by the Committee of Management on the sole ground that he did not possess the requisite qualification on 30.6.1993 when the post fell vacant. On 29th April 1997, the District Inspector of Schools disapproved the proposal of the Committee of Management promoting respondent no. 3 on ad hoc basis against the short term vacancy. Feeling aggrieved by the said decision respondent no. 3, Sri Janardhan Prasad Gupta filed a writ petition in this Honble Court being writ petition no. 16279 of 1997 which was allowed by means of the judgment dated 15th May 1997. The matter was sent back to the District Inspector of Schools to decide the question of promotion.