COMMITTEE OF MANAGEMENT NATIONAL INTERMEDIATE COLLEGE BASTI Vs. REGIONAL DEPUTY DIRECTOR OF EDUCATION GORAKHPUR

JUDGEMENT

(1.) R. H. Zaidi, J. By means of this petition under Article 226 of the Cons titution of India, Petitioners challenge the validity or the order dated 11-11-1980 and 22-7-1981. The District Inspector of Schools by his order dated 11-11-1980 allowed the objection filed by Lat Bahadur Singh respondent No. 3 and refused to approve the resolution of the Committee of Management with respect to the promotion of the petitioner No. 2 to the post of Lecturer in Geography in National Intermediate College, Haraiya, district Basti, herein after referred to as College. The respondent No. 1 affirmed the order of DIOS by his order dated 22-7-1981.

(2.) THE relevant facts, which are born out from the record of the present case, are that on account of death of Sri Nirbu Lat Srivastaya, post of Lecturer in Geography fell vacant on 4-1-1980 in the College, which was directed to be filled up by promotion from amongst the eligible candidates in accordance with law by the District Inspector of Schools. On 15-6-1980 a meeting of the Committee of Management was held to consider the question of promotion from amongst the eligible candidates working in L T. grade in the College. On the same day Committee of Management resolved to promote Sri Raj Narain Ojha petitioner No. 2 on the post in question, rejecting the claim of Sri Lal Bahadur Singh respondent No. 3, was senior most teacher in the L. T. grade in the College. THE papers relating to the proposed promotion of petitioner No. 2 were submitted before the District Inspector of Schools on 26-6-1980 and on the same day respondent No. 3 filed an objection against the aforesaid resolution, contending that he was entitled to be promoted to the post in question. On the objection filed by the respondent No. 3 explanation from the Manager of the College was called for by District Inspector of Schools and the Manager, thereafter, has submitted his explanation.

(3.) THE Regional Dy. Director of Education, VII Region, Gorakhpur respondent No. 1 after affording an opportunity of being heard to the parties concerned, held that Sri Lat Bahadur Singh respondent No. 3 was senior to Sri Raj Narain Ojha, his over all performance in the College was also com paratively better than Raj Narain Ojha and his confidential report was also better than Ojha, therefore the respondent No. 1 was pleased to dismiss the appeal by his order dated 22-7-1981. THE petitioners, thereafter filed the present petition challenging the validity of orders of District Inspector of Schools as well as the Regional Dy. Director of Education, VII Region, Gorakhpur as stated above.