SHANTI PRASAD SINGH RAM CHANDRA SINGH ASSISTANT TEACHER SARDAR PATEL Vs. JOINT DIRECTOR OF EDUCATION ALLAHABAD REGION

JUDGEMENT

(1.) We have heard Sri R.K. Ojha, learned Counsel for the appellant, Sri Prakash Padia appearing for respondent No. 4 and learned standing Counsel.

(2.) This appeal has been filed against the judgment dated 19th December, 2003 passed by Hon'ble Mr. Justice Janardan Sahai dismissing the writ petition filed by the appellant.

(3.) Brief facts necessary for deciding the controversy raised in the appeal are; the appellant was appointed as L.T. Grade teacher in Sardar Patel Inter College, Sikora, Koraon, district Allahabad. There are five sanctioned posts of lecturer in the college. One Doodh Nath Verma, lecturer History retired on 30th June, 2000 causing a substantive vacancy with effect from 1st July, 2000. The appellant claimed his promotion on the post of lecturer History alleging that the said vacancy falls under 50% promotion quota. Grievance of the appellant was that respondent No. 4, Awadhesh Kumar Singh, who was working as lecturer in another college at Shahjahanpur, was transferred to Sardar Patel Inter College on the post of lecturer History, which is illegal. It was further alleged that respondent No. 4 being relative of the manager of the committee of management, his transfer is impermissible. Learned single Judge dismissed the writ petition holding that the post of lecturer History does not fall under promotion quota and is a post required to be filled up by direct recruit, hence the appellant has no right for consideration of promotion. Learned single Judge further held that the transfer of respondent No. 4 is not hit by Section 16GG of the U.P. Intermediate Education Act, 1921 since the prohibition of relatives mentioned in Schedule- II of the Intermediate Education Act is only applicable while giving substantive appointment to the teachers appointed within the period as mentioned in Section 16GG.