LAWS(ALL)-2004-1-81

COMMITTEE OF MANAGEMENT SHRI GANDHI INTER COLLEGE MANGROO Vs. DISTRICT INSPECTOR OF SCHOOLS MAHAMAYA NAGAR

Decided On January 05, 2004
COMMITTEE OF MANAGEMENT SHRI GANDHI INTER COLLEGE MANGROO Appellant
V/S
DISTRICT INSPECTOR OF SCHOOLS MAHAMAYA NAGAR Respondents

JUDGEMENT

(1.) R. K. Agrawal, J. Christening an organization or an institution after national or internationally reputed personalities, whether they are political leaders or religious persons, does imply that the aims and objectives for which such person had struggled and lived, would be followed by the persons who are at the helm of affairs of that organization or institution. But, these days it has become a fashion to name the institution or the organization after such reputed persons without caring to follow their lifestyle and work. The case in hand is one such glaring example. Even though the petitioners have given the name of the father of the nation to their College who devoted his entire life for the upliftment of a class of society who were at that time treated by the society as untouchables and whom Bapu lovingly called Harijan, the petitioners with all their might have been resisting to give appointment on the post of Assistant Clerk to a person who belongs to reserved category and that too whose appointment is being made on compassionate ground. It is being done on the flimsy ground that the post is unreserved and cannot be filled up by a person belonging to a reserved category. What a paradox?

(2.) BY means of the present writ petition filed under Article 226 of the Constitution of India, the Committee of Management of Shri Gandhi Inter College, Mangroo, District Mahamaya Nagar through its Manager, Ajai Singh Rana and he in his personal capacity seek a writ, order or direction in the nature of certiorari quashing the orders dated 21-12-2002 and 11-2-2003 passed by the District Inspector of Schools, Mahamaya Nagar, respondent No. 1, filed as Annexures 1 and 2 to the writ petition and other consequential reliefs. Briefly stated the facts giving rise to the present petition are as follows.

(3.) LEARNED counsel for the petitioner submitted that under Regulation 102 of the Regulations contained in Chapter III of the Regulations framed under the Act, the appointing authority is required to intimate the vacancy occurring on account of retirement, death, resignation or on account of any other reason on the post of clerk and peon in the College to the District Inspector of Schools within a specified period. According to him, under the Regulation 103, if a Teacher or employee dies during service, one member of the family of the deceased is entitled to be appointed on the post of teacher or clerk or peon, according to his qualification. Under Regulation 105, the matter is to be considered by the committee which will give its recommendation and follow up action is to be taken thereupon. According to him, under Regulation 106, such compassionate appointment has to be made in the School/college where the deceased was working/employed and if there is no vacancy in the said College then the appointment can be made in a School/college in the district and if there is no vacancy in the schools/colleges in the district then appointment should be made in the college where the deceased was working by creating a supernumerary post. According to the learned counsel for the petitioners, in the present case the committee has not selected the respondent No. 2 for the College of the petitioners. On the other hand he was specifically selected for Saidabad Inter College, Saidabad and if there was no vacancy in the said college, a supernumerary post ought to have been created for adjusting respondent No. 2 in the said college. Thus, he submitted that the order dated 21st December, 2002 is wholly illegal and without jurisdiction.