OM PRAKASH VERMA Vs. STATE OF U P

JUDGEMENT

(1.) Brief facts giving rise to present writ petition is that in the district of Moradabad, there is a recognized institution known as Lal Bahadur Shastri Smarak Inter College, Sultanpurdost, Thakurdwara, Disrict Moradabad. The said institution is covered by the provisions of U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder. The institution in question is in the grant-in-aid list of the State Government and the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971 as well as U.P. Act No. 5 of 1982 are applicable to the said institution. In the institution concerned, Om Prakash Verma was appointed as Assistant Teacher in the institution concerned on 1.7.1968, and at that point of time, his qualification was Intermediate and B.T.C., and subsequently he acquired Post-Graduate qualification. One Ram Swaroop Singh was appointed as Assistant Teacher in the said institution on 1.9.1976, and his educational qualification was M.A., B. Ed. Ram Swaroop Singh claims that his services were approved by District Basic Education Officer on 11.3.1977, whereas service of Om Prakash Verma was approved on 1.7.1979. Institution in question has been upgraded from Junior High School to High School level, and it has been claimed that services of Ram Swaroop Singh were regularized on 31.5.1982 and service of Om Prakash Verma dispensed with, and subsequently, same was regularized on 7.11.1983. In the institution in question, post of Principal fell vacant, then at that point of time. District Inspector of Schools, Moradabad, passed order dated 6.6.2003 to the effect that he had perused seniority of Om Prakash Verma and Ram Swaroop Singh; name of Om Prakash Verma was at Serial No. 1 and that of Ram Swaroop singh at Serial No. 2; on perusal of academic qualification of these two incumbents, it was found that Om Prakash Verma was mere B.T.C. whereas Ram Swaroop Singh was B. Ed. Degree holder, and as such he fulfilled requisite qualification to be appointed as Principal of Intermediate College, as such it was ordered that Ram Swaroop Singh be handed over charge of the office of Principal. After said decision was taken, Om Prakash Verma filed Writ Petition No. 26639 of 2003 for quashing of the order dated 6.6.2003, mentioning therein that he was fully qualified to be appointed as Principal of the institution, and further the order, which has been passed, is totally unwarranted and illegal, and as such he is entitled to function as Principal of the institution. During pendency of aforementioned writ petition, it appears that son of Om Prakash Verma represented the matter before the authorities concerned and thereafter, order dated 18.10.2004 has been passed mentioning that charge of Principal of the institution has to be handed over to senior most Teacher, and further it was not appropriate to hand over the charge to a junior person and further, Om Prakash Verma is qualified to function as Principal. At this juncture, Writ Petition No. 49340 of 2004 has been filed.

(2.) To this writ petition, initially, short counter-affidavit was filed, and therein it has been contended that pursuant to order date 6.6.2003, Ram Swaroop Singh, who is junior to Om Prakash Verma, has been illegally given charge of Principal. It has been contended that Om Prakash Verma was fully qualified to be appointed as Principal, Further, as no interim order was passed, representation had been moved to the Director of Education as well as Regional Joint Director of Education. Director of Education on 28.8.2004 directed the Regional Joint Director of Education to act in accordance with law and to pass appropriate order taking into account the seniority of Om Prakash Verma. It has also been asserted that prior to passing of the order dated 18.10.2004 notices were issued on 15.6.2004, and the said notices were duly served. After hearing the parties, Joint Director of Education passed order on 18.10.2004, directing the District Inspector of Schools to act in accordance with law and give charge to Om Prakash Verma. In this background, it has been asserted that as seniority was never disputed, order impugned does not warrant any interference by this Court. Detailed counter-affidavit has also been filed, and therein much emphasis has been laid on the fact that Om Pakash Verma was duly qualified, and the order dated 6.6.2003 was wholly illegal. Further, it has been asserted that the date of substantive appointment of Sri Om Prakash Verma in B.T.C. grade is 1.7.1968, and further Ram Swaroop Singh was appointed as Assistant Teacher in B.T.C. grade on 1.9.1976, and he was made permanent on 1.7.1978. Extract of service book in respect to date of initial appointment of both Ram Swaroop Singh and Om Prakash Verma as well as date when C.T. Grade and L.T. Grade had been awarded to them is on record of writ petition. It has also been contended that 1978 Rules came into force in the year 1978 and subsequent approval in no way changes the date of substantive appointment. Date of substantive appointment of Om Prakash Verma is 1.7.1968 and that of Ram swaroop Singh is 1.9.1976. It has also been contended that Ram Swaroop Singh admitted that Om Prakash Verma is senior to him, and in this background, it has been contended that writ petition filed by Ram Swaroop Singh is liable to be dismissed.

(3.) After pleadings inter se parties have been exchanged, present writ petition has been taken up for final hearing with the concent of parties.