MANJU KESHI DIXIT Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present petition filed under Article 226 of the Constitution of India, the petitioner, Smt. Manju Keshi Dixit, seeks a writ, order or direction in the nature of certiorart quashing the order dated 5th April, 2003 passed by the Regional Deputy Director of Education, Agra, respondent No. 1, filed as Annexure-1 to the writ petition, and other consequential reliefs.

(2.) Briefly stated, the facts giving rise to the present writ petition are as follows : In the district of Hathras, there is an Intermediate College, known as Surjo Bai Inter College (hereinafter referred to as "the College"). It is recognised under the provisions of the U. P. Intermediate Education Act, 1921. However, It receives grants from the State Government upto High School only. According to the petitioner, she Is working as Assistant Teacher L.T. grade to teach only In the High School classes in the aforesaid College. There was some dispute regarding the nature of her appointment which was ultimately decided by this Court in Civil Misc. Writ Petition No, 18266 of 1997, Smt. Manju Keshi Dixit v. Committee of Management, Surjo Bai Inter College, Hathras and Ors., and other connected writ petitions, decided on 13th September, 2002. This Court had held that the petitioner had been appointed as L.T. grade teacher in the year 1974. However, the Deputy Director of Education, Agra was directed to re-decide the seniority in the light of the observations made in the judgment. Pursuant to the aforesaid directions, the Deputy Director of Education, Agra, by the impugned order dated 5th April, 2003, had determined the seniority by placing the petitioner at serial No. 2 and Smt. Raj Kumari, respondent No. 3, at serial No. 1. The order dated 5th April, 2003 is under challenge in the present writ petition.

(3.) I have heard Smt. Manju Keshi Dixit, the petitioner, who has appeared in person, Sri P. C. Sharma who represents the Committee of Management of the College and Sri S. S. Chauhan who represents Smt. Raj Kumari, respondent No. 3.