SUNIL KUMAR VERMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition seeks quashing of an order passed by the Regional Level Committee dated 25th July, 2017, whereby approval granted to petitioner's promotion to the post of lecturer on 30th December, 2016 has been withdrawn, purportedly in compliance of the judgement delivered by the larger Bench of this Court in Smt. Sadhna v. State of U.P. and Others, reported in 2017 (6) ADJ 418 .

(2.) Facts, which are not in dispute, are that petitioner was selected by the U.P. Secondary Education Service Selection Board, as Assistant Teacher in L.T. Grade, on 29.11.2006, and he was placed in Baldev Vaidik Inter College, Paliya Kala, District Lakhimpur Kheri. He was thereafter transferred to Jai Ram Verma Bapu Smarak Inter College Nausanda, Ambedkar Nagar (hereinafter referred to as the 'institution'), and he joined on 18.10.2011. Although petitioner claims to have been selected as lecturer in Geography also, but he was not allowed to join pursuant thereto, and the issue in that regard is sub-judice in different proceedings, with which this Court is not concerned in this petition. The issue involved is confined to legality and validity of petitioner's promotion to the post of lecturer alone.

(3.) In the transferred institution i.e. Jai Ram Verma, Bapu Smarak Inter College Nausanda, Ambedkar Nagar, one Ram Surat Verma retired from the post of lecturer, in Geography, on 30th June, 2011. Vacancy on the post of lecturer was thus created on 1.7.2011. Petitioner claims that since he possessed requisite qualification, he was allowed to work against such post. A resolution was subsequently passed by the Committee of Management to promote the petitioner to the post of lecturer, on 9.12.2014, treating the year of recruitment as beginning on 1.7.2013. This resolution was passed as nobody else was eligible/qualified for promotion to the post of lecturer. Papers were forwarded for grant of financial approval. This resolution, however, was rejected by the Joint Director of Education, on the ground that on the date of accrual of vacancy i.e. 1.7.2011, the petitioner did not full-fill the qualification of having five years teaching experience, in view of sub-rule (I) of Rule 14 of the U.P. Secondary Education Services Selection Board Rules, 1998. As per the Rule eligibility/qualification has to be seen on the first day of the year of recruitment.