GOVIND LAL MISRA Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Aggrieved by the promotion of respondent No. 2 Sri Raghav Ram Dwivedi, on the post of Lecturer in Sanskrit at Bakshi Ka Talab Inter College, Lucknow and the order of the District Inspector of Schools, dated 5.6.1980. allowing the representation of Sri Raghav Ram Dwivedi in accordance with the provisions of Regulation 8 of Chapter II framed under the U. P. Intermediate Education Act as also the rejection of review petition of the petitioner by order dated 5.4.1982 passed by the District Inspector of Schools, the petitioner filed the present writ petition under Article 226 of the Constitution.

(2.) The petitioner was appointed in leave vacancy in July, 1972 on a post in L.T. grade to teach the subject of Sanskrit. The petitioner had also applied for selection on the post of Lecturer in Sanskrit on regular vacancy but as his name was placed at Serial No. 2 in the panel, he could not be appointed as the incumbent placed at Serial No. 1 joined the post. Later on another post in L.T. grade fell vacant and the petitioner was appointed on regular basis with effect from 17.9.1973. Three vacancies in the Lecturer grade were created in subjects of Civics, Sanskrit and Geography. The name of the petitioner was recommended by the Committee of Management vide resolution dated 6.3.1978 for appointment on the said post.

(3.) The respondent No. 2. Raghav Ram Dwivedi submitted his representation against the said appointment dated 11.3.1978 to the District Inspector of Schools. The District Inspector of Schools by letter dated 20.3.1978 asked for the comments of the institution on the representation of the respondent No. 2 dated 11.3.1978. In the recommendation sent by the Manager, the educational qualification of respondent No. 2 has been shown as B. A., B. Ed. and in the seniority list his name was shown at Serial No. 10 whereas the educational qualification of petitioner has been shown as M. A. (Sanskrit) and in the seniority list his name was shown at Serial No. 20. The District Inspector of Schools by letter dated 20.7.1978 required the date of approval of the appointment of the petitioner and the respondent No. 2 on the post of L.T: grade. The District Inspector of Schools by letter dated 4.9.1978 required the Institution to send the orders of approval given by the District Inspector of Schools, in respect of five teachers. By letter dated 11.9.1978, the Manager was informed that the record submitted by the Institution for recommending the name for appointment of Govind Lal Misra, it is not clear that he had five years continuous substantive service to his credit and that the institution considered the cases of all the incumbents who fulfilled the requisite qualification. In the resolution dated 6.3.1978 sent by the Manager, the names of only those candidates have been considered who have submitted their applications. In the letter of the Manager dated 14.9.1978, it was indicated that Sri Raghav Ram Dwivedi is M. A., B. Ed. The District Inspector of Schools, through this letter dated December 21, 1979 again directed the Manager that the proceedings for promotion have not been conducted in accordance with Regulation 6. sub-clauses (2) and (3) and his reply was required within 15 days . The Manager of the institution by letter dated 20.2.1980 asked for one month's time but even after expiry of one month, he did not submit any comment on the representation of the respondent No. 2.