IKRAMUL HAQ Vs. MOHAMMAD SABIR

JUDGEMENT

(1.) These intra Court appeals have been preferred under the Rules of the Court against the judgment of learned single Judge dated 11.11.1997 whereby Writ Petition No. 4134 of 97 Iqramul Haque v. District Inspector of Schools Allahabad and Ors. was dismissed and the Writ Petition No. 16261 of 97 Mohd. Sabir v. the Committee of Management Majidia Islamia Inter College, Allahabad and Ors. was allowed.

(2.) There is an institution by the name of Majidia Islamia Inter College, Allahabad (in short referred to as the Institution) which is on the grant in aid of the State Government and is an aided institution. The service conditions of the teachers are governed by the U.P. Intermediate Education Act 1921 and the Rules and Regulations framed thereunder, as also the U.P. High School and Intermediate Colleges (Payment of Salary the Teachers Act) 1978. Sri Mohd. Khalid lecturer in Urdu & Persian in the Institution retired on 30.06.1996 and as such a substantive vacancy arose in the lecturer grade. The appellant Ikramul Haque, Mohd. Sabir contesting respondent in both the appeals and also fourother teachers in the L.T. grade in the institution applied for promotion on the post of lecturer which.had fallen vacant on account of retirement of Sri Mohd. Khalid. The Committee of Management passed a resolution dated 18.8.96 resolving to promote Ikramul Haque the appellant as Lecturer Urdu &Persian. Mohd. Sabir contesting respondent filed Writ Petition No. 29261" of 1996, challenging the resolution of the Committee of Management to promote the appellant on the post of lecturer. The said writ petition was disposed of vide order dated 18.9.96 with the direction to the DIOS to look into the matter and pass appropriate orders in accordance with law after hearing the concerned parties.Pursuant to the aforesaid direction of the Court, the DIOS passed an order dated 4.1.1997 holding that on the date of vacancy theappellant Iqramul Haque did not possess the minimum qualification and as such the resolution of the Committee of Management dated 18.8.96 could not be accepted. The DIOS however did not passany orders with regard to the claim of Mohd. Sabir the contesting respondent.

(3.) Two writ petitions were filed before this Court. The appellant Iqramul Haque filed writ petition No. 4134 of 1997 for a direction to the respondent no.l therein i.e. the DIOS to grant approval to the resolution of the Committee dated 18.8.96 on the other hand Mohd. Sabir the contesting respondent filed writ petition No. 16261 of 1997 with the prayer to direct the Committee of Management to promote him as lecturer of Urdu & Persian and the papers may be forwarded to the DIOS to grant approval of the same.