GUPTESWAR TIWARI SHRI VISHWANATH TIWARI LECTURER IN ECONOMICS MAHAVIR Vs. JOINT DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Heard Sri V.K. Singh Advocate on behalf of Sri Gupteshwar Tiwari, Sri Santosh Kumar Singh on behalf of Gupteshwar Nath Dubey and Standing Counsel on behalf of State authorities.

(2.) Mahavir Singh Intermediate College, Badilpur, Hadi, District Ballia is an institution recognized under the provisions of the U.P. Intermediate Education Act, 1921. The provisions of the said Act as also those of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 and those of U.P. Secondary Services Selection Board, 1982 are fully 'applicable to the teachers of the said institution. Sri Gupteshwar Tiwari has filed this petition against the order of the Regional Joint Director of Education dated 29/30 December, 2002 whereby he has rejected the claim set up by the petitioner, Sri Gupteswar Tiwari and has maintained his earlier order dated 4th July, 2002.

(3.) The facts relevant for disposal of the present writ petition are as follows: A vacancy on the post of lecturer Sanskrit was caused in the institution on 30th June, 1999 with the retirement of Sri Ram Kumar Mishra. The said vacancy fell within 50% quota reserved for promotion. Accordingly, the Committee of Management passed a resolution dated 7th November, 1999 granting promotion to one Sri Amar Deo Tiwari on the said post. Before any action could be taken by the competent authority, namely the District Inspector of Schools with regard to the resolution of the Committee of Management as aforesaid, an alleged application dated 15th may, 2000 is said to have been filed before the Committee of Management by Sri Amar Deo Tiwari foregoing his claim for promotion on the post of Lecturer Sanskrit. On the basis of the aforesaid alleged application of Sri Amar Deo Tiwari, the Committee of Management is said to have passed another resolution dated 31stMay, 2001 granting promotion to respondent No. 5, namely Sri Gupteshwar Nath Dubey on the post of Lecturer Sanskrit. Feeling aggrieved by the aforesaid resolution of the Committee of Management dated 31st May, 2001 Sri Amar Deo Tiwari filed Civil Misc. Writ Petition No. 49888 of 2000 in this Court. The said writ petition was disposed of by this Court vide judgment and order dated 16th November, 2000 and the matter was remanded to the District Inspector of Schools to decide the objections raised by Sri Amar Deo Tiwari. The District Inspector of Schools is said to have passed an order dated 10th May, 2001 rejecting the claim set up by Sri Amar Deo Tiwari. Against the said order of the District Inspector of Schools Sri Amar Deo Tiwari filed writ petition No. 22806 of 2001, however, in the said writ petition no interin order was granted. The writ petition is said to have become infructuous in view of the retirement of Sri Amar Deo Tiwari on 30th June, 2001.