MEHAR SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS SAHARANPUR

JUDGEMENT

(1.) THIS writ petition has been filed by Mehar Singh, a lecturer in the H.A.V. Inter College, Deoband, district Saharanpur. He is aggrieved by an order dated 21 -1 -1982 by which the District Inspector of Schools had rescinded his earlier order approving his appointment as a lecturer in Civics in the aforementioned College. The Petitioner claims that the impugned order is bad in law and the District Inspector of Schools had no jurisdiction to review his previous order. He had been properly selected and appointed as the lecturer in Civics, and the Respondent No. 2 Jhabal Singh was not qualified even to be appointed as a lecturer in Civics. The writ petition was filed on 4 -2 -82 and an interim order was passed staying the operation of the impugned order passed by the District Inspector of Schools. The interim order was also confirmed on 27 -5 -82.

(2.) THE Petitioner holds the degrees of Master of Arts (M.A.) in Hindi, Sanskrit, Political Science and Sociology and also has the degrees of Sahitya Ratna and Bachelor in Teaching. Initially the Petitioner was appointed in Sir Shree Ram Higher Secondary School, Daurala district Meerut in L.T. grade on 5 -8 -68. The Petitioner had applied and was selected for appointment as a teacher in L.T. grade in H.A.V. Inter College, Deoband, district Saharanpur, on 8 -9 -74, hereinafter referred to as College. He resigned from the previous Institution at Daurala and joined the College with effect from 3 -9 -74. After sometime there was a vacancy in the lecturer grade in the College. The Committee of Management of the College met on 11 -11 -1981 and decided to promote the Petitioner in the Lecturer's grade to teach Civics. A resolution passed in the above meeting was forwarded to the District Inspector of Schools, Saharanpur for approval. The latter approved the promotion of the Petitioner in the lecturer's grade on 27 -11 -1981. One Shri Jhabal Singh, a teacher of the College was aggrieved by this promotion and made a representation to the District Inspector of Schools on 19 -12 -1981. This application was time -barred. The District Inspector of Schools called for a report from the Committee of Management on 26 -12 -1981. A reminder was sent on 4 -1 -1982. The Committee of Management submitted a report to the District Inspector of Schools on 11 -1 -1982. In the reply it was pointed out that Shri Jhabal Singh should have submitted his representation through proper channel viz., the Committee of Management. Secondly, the senior -most teacher in Hindi Sri Babu Ram Gupta was given promotion in the lecturer's grade in Hindi while the Petitioner was granted promotion in the lecturer's grade for teaching Civics. Shri Jhabal Singh was not eligible to teach Civics. He was eligible only for promotion in Hindi but since Sri Babu Ram Gupta was senior to him the latter was promoted. The District Inspector of Schools after considering the representation as well as the comments of the Committee of Management sent a letter dated 12 -1 -1982 to the Manager of the College indicating that the representation of Shri Jhaba Singh was baseless and without merits and the promotion made by the Committee of Management was in accordance with rules and correct and at such the earlier confirmation would stand. By a separate order the District Inspector of Schools also released the salary of the teachers who were promoted as lecturers. The Petitioner thereupon started drawing salary in the lecturer's grade. However, the Manager of the College received a letter of the District Inspector of Schools dated 21 -1 -1982 indicating that he bad withdrawn the approval given for the promotion of the Petitioner. A copy of this letter has been marked as Annexure 7 to the writ petition. The reason given for withdrawing the earlier approval to the promotion of the Petitioner is that Shri Jhabal Singh was worried because his alleged seniority had been ignored. The Petitioner aggrieved by the above order has filed the present writ petition and sought the relief for quashing of the order (Annexure 7).

(3.) A rejoinder affidavit has been filed reiterating the stand taken by the Petitioner In the writ petition. It is significant to note that the District Inspector of Schools, although served, did not file any counter affidavit.