VINOD KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) -Petitioner Vinod Kumar Mishra claims to have been appointed as L.T. grade teacher in Ganesh Shanker Vidyarthi Inter College, Kanpur (hereinafter referred to as "College") on 30.9.1989. The petitioner claims to have been working as such since then and in support thereof has placed reliance upon the certificate issued by the Principal of the institution. Petitioner is possessed of a degree of M.A. in Hindi. However, at the graduation level, i.e., B.A., he did not have Sanskrit as one of the subject. The Inter College is aided and recognized under the provisions of the Intermediate Education Act. The U. P. High School and Intermediate Colleges (Teachers and Other Employees) (Payment of Salary) Act, 1971, as well as those of the U. P. Secondary Education Services Selection Board Act, 1982, are fully applicable to the teachers of the institution in question.

(2.) ONE Sri Amrit Lal Singh, who was working as Lecturer Hindi in the institution retired on 30th June, 2001. Petitioner claims that he has been permitted to teach Intermediate Classes subsequent to retirement of Sri Amrit Lal Singh. As the petitioner did not have Sanskrit as one of the subject at the graduation level [which is admittedly an essential qualification prescribed under Appendix-A to Chapter II of the Regulations framed under the Intermediate Education Act for being appointed as Lecturer (for teaching Classes XI and XII)], he has made an application under Section 16E (3) of the U. P. Intermediate Education Act to the Madhyamik Shiksha Parishad, U. P., Allahabad (Board) for grant of necessary relaxation in the minimum qualification prescribed. The petitioner, with reference to various documents brought on record, alleges that the Board has not taken any final decision in the matter till date and therefore, seeks a writ of mandamus commanding the respondents to grant exemption from the essential qualifications prescribed for appointment as Lecturer Hindi.

(3.) UNDER order of the Court the original records pertaining to Sri Nandan Ballabh Pathak have been produced before this Court. On record is a letter of the Deputy Secretary dated 28.2.2007, relevant portion of which reads as follows : ...[VERNACULAR TEXT OMMITED]...